2024:BHC-AUG:30799
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
ANTICIPATORY BAIL APPLICATION NO. 2031 OF 2024
BHUSHAN HARI CHAUGULE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
WITH
ANTICIPATORY BAIL APPLICATION NO. 2033 OF 2024
MAYUR ANIL SATPUTE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
…..
Advocate for the applicants : Mr. Tapan K. Sant
APP for respondent/State : Mrs.M.S. Ghanekar
…..
CORAM : ROHIT W. JOSHI, J.
(VACATION COURT)
DATED : 24th DECEMBER, 2024.
PER COURT :-
1. Both these anticipatory bail applications arise out of offence
registered with Amalner Police Station, Dist. Jalgaon on 18.02.2024
vide F.I.R. No.61/2024 for the offence punishable under Sections 307,
323, 143, 147, 148, 109, 504, 506, 336 and 149 of the Indian Penal
Code.
2. At the outset, I would like to quote the order dated
19.12.2024, which reads as under :-
“1. Learned APP seeks time as papers are not
received.
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2. Stand over to 21.01.2025.
3. Liberty to move before Vacation Court.”
3. Initially, this Court was not inclined to take these matters
during vacation, however, learned counsel for the applicants made a
statement that when matters were listed on 19.12.2024, it could not be
heard only because the police papers were not available with the
learned APP. He submits that it is only this the liberty to mention the
matters before Vacation Court is granted. The learned APP has
confirms the statement in all fairness. It is in this backdrop that the
matters are taken up for hearing with the consent of the parties.
4. The learned counsel for the applicants submits that the
essential ingredients of Section 307 which is main section under which
the applicants are charged are not attracted. He draws my attention to
the injury certificates at pages 97 and 106 in the charge-sheet. Perusal
of the injury certificate at page 106 demonstrates that he has suffered
blunt trauma on the occipital region of head, contused lacerated
wounds over parietal region of head, blunt trauma over back, swelling
and pain over right leg and blunt trauma below left eye and cause of
injury is stated to be assault with hard blunt object. In view of the injury
certificate, he submits that the offence under Section 307 of the IPC
itself is not made out. He further submits that the charge-sheet is
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already filed in the matter and the custody of the applicants is not
required in as much as investigation is over.
5. The learned APP has strenuously opposed the
applications. She submits that the contents of the FIR clearly reveal
that an iron rod was used for assaulting the informant by Bhushan, the
applicant in ABA No.2031/2024 and Mayur, the applicant in ABA
No.2033/2024 has used a fighter in order to inflict serious injuries on
the body of the informant. Referring to the injury certificate, she would
submit that multiple injuries have been suffered by the informant,
particularly on the head which could, in a given case, prove fatal. She
submits that the offence is serious in nature and as such applications
should be rejected.
6. I have perused the papers including the contents of the
FIR and injury certificates and other documents with able assistance of
the learned counsels.
7. Although, it is alleged that the injury on the parietal region
of the head is caused by iron rod, medical certificates would suggest
that it is likely to be caused by wooden stick. No particular injury has
been co-related by any medical certificate to the weapon, “fighter”.
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8. It is undisputed that nature of injuries is mentioned as
simple. The incident has occurred way back in February, 2024. The
learned counsel for the applicants makes a statement that both the
applicants do not have any criminal antecedents. The learned APP is
not in a position to dispute the same. Having regard to the totality of
the circumstances and most importantly the nature of injuries, I am
inclined to allow the applications. Hence, the following order :-
ORDER
(i) The applications are allowed.
(ii) In the event of arrest of the applicants in connection with
offence registered with Amalner Police Station, Dist. Jalgaon on
18.02.2024 vide F.I.R. No.61/2024 for the offence punishable under
Sections 307, 323, 143, 147, 148, 109, 504, 506, 336 and 149 of the
Indian Penal Code, they be released on anticipatory bail on executing
personal bond of Rs.25,000/- each along with one surety in the like
amount by each of them. The applicants shall attend the concerned
police station as and when required and shall co-operate in the
investigation.
(ROHIT W. JOSHI, J.)
sga/