Allowed bail application under Section 439 CrPC for applicant arrested for IPC offences, directing release on security with strict attendance conditions at police station.
Applicant released on bail of Rs. 10,000 with one or more sureties in like amount; mandatory alternate-day attendance at police station.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.3280/2009
Harish Tukaram Pawar. ..Applicant
-VERSUS-
The State of Maharashtra. ..Respondent
Ms.Kiran Singh, Advocate for the Applicant. Mr.H.J.Dedhia, A.P.P., for the Respondent/State.
CORAM: A.P.DESHPANDE, J.
Dated 05th August, 2009.
PC:-
1 The present application is filed under Section 439 of the Code of Criminal Procedure for bail in connection with Crime No. 110/2009 registered with Charkop Police Station, Mumbai under Sections 326, 504 r/w 34 of the Indian Penal Code on 08.06.2009. The Applicant came to be arrested on 09.06.2009 and since then he is in custody i.e. almost for a period of two months. 2 According to the First Information Report, on account of earlier instances the relations between the Complainant and the son of present Applicant were strained. It is stated that the present Applicant along with his son Ganesh and Dilip Pawar assaulted the Complainant. It is alleged that the present Applicant hit the Complainant by the cricket bat which resulted in fracture of nose
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bone and the Complainant was taken to hospital and is stated to have been discharged after 2-3 days. The other co-accused have already been enlarged on bail.
3 Perused the First Information Report and the medical report. Having regard to the facts and circumstances of the case coupled with the fact that the Applicant who is labourer and daily bread earner is in custody for last about 2 months, I deem it fit to release the Applicant on bail.
4 The learned APP submits that the attendance of Applicant needs to be secured and hence, prays for imposing conditions in the event if the Applicant is to be released on bail.
5 Hence, I pass the following order:-
(i) The Application is allowed.
(ii) The Applicant shall be released on bail in a sum of Rs. 10,000/- with one or more sureties in the like amount.
(iii) The Applicant shall attend the Charkop Police Station, Mumbai every alternate day between 8:00 to 9:00 pm till the filing of charge sheet or for a period of two months whichever is earlier.
1 issue framed by the court
Whether the applicant should be granted bail in connection with offences under Sections 326, 504 r/w 34 IPC.
2 provisions across 2 enactments
Harish Tukaram Pawar
The State of Maharashtra
A.P. Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
