Allowed

Devram @ Deorao Bajirao Shende v. the State of Maharashtra

Bombay HC29 Jun 2011APPLN/1993/2011

Case brief

AI extract

What is this about?

The High Court at Aurangabad allowed interim anticipatory bail to applicants facing charges of grievous hurt and illegal assembly. The court noted the injury was simple despite initial classification as grievous and a dispute over a common well exists.

What did the court decide?

Relief of ad-interim anticipatory bail granted; applicant directed to cooperate and appear at police station specifically.

Devram @ Deorao Bajirao Shende Vs the State of Maharashtra — Anticipatory Bail | Bombay HC (2011)

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1 Cri.A.1993.11

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 1993 OF 2011

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Devram@ Devrao Bajirao Shinde Age : 47 Years, Occup.: Agril, R/o Adgaon, Tq.:Pathardi, District Ahmednagar. ...APPLICANT.

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VERSUS

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1. The State of Maharashtra, ...RESPONDENT.

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Shri.Joydeep Chatterji, Advocate for Applicant. Shri.N.H.Borade, A.P.P. for Respondent. Shri.SuhashR.Shirsat Advocate holding for Shri.S.S.Jadhavar,Advocate for original complainant.

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WITH

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CRIMINAL APPLICATION NO. 2324 OF 2011

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Dhondabai Bhimaji Shende Age : 35 Years, Occup.: Household &Agril, R/o Adgaon, Tq.:Pathardi, District Ahmednagar. ...APPLICANT.

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VERSUS

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The State of Maharashtra, ...RESPONDENT.

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Shri.SuhashR.Shirsat Advocate holding for Shri.S.S.Jadhavar,Advocate for Applicant-original complainant. Shri.Joydeep Chatterji, Advocate for respondent NO.1. Shri.N.H.Borade, A.P.P. for Respondent No.2.

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2 Cri.A.1993.11

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CORAM: T.V.NALAWADE, J.

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DATE : 29th JUNE, 2011.

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PER COURT :

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This application is filed for anticipatory bail, in Crime No. 122 of 2011, registered with Pathardi Police Station, Tq. Pathardi, District Ahmednagar, for the offence punishable under sections 326, 323, 504 and 506 read with section 34 of the Indian Penal Code.

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Advocate Mr. Suhash Shirsat holding for Advocate Mr. S.S.Jadhavar submitted that he may be allowed to assist APP. Application No. 2324 of 2011 is allowed accordingly. Advocate Mr. Suhash Shirsat holding for Advocate Mr. S.S. Jadhavar is allowed to assist APP. Both sides are heard. Papers of investigation available are made available by APP.

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A report is given by Dhondabai Bhimaji Shende. The report shows that her family has dispute with family of present applicant over common well and litigation is pending in this regard. Incident is dated 29.03.2011. She has made allegation that when she was present in the field some grass was thrown in their field by the one family member of the applicant. She has made allegation that applicant used Axe and he gave blow of Axe on her head. Allegations are made against other accused that they used the

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3 Cri.A.1993.11

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stick. There are statements of eye witnesses of the incident and injury certificate is produce. It shows that injury was caused by hard and blunt object on head, which was CLW and CT scan of brain was done , but the injury described is simple injury. In view of this circumstance, APP was asked as to how this injury can be treated as grievous injury under section 326 of the Cr.P.C. APP has nothing to show that injury can be shown as grievous.

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In view of this circumstance, relief of anticipatory bail can be granted to the applicant. So, relief of ad-interim anticipatory bail granted to the applicant is confirmed.

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(a) The applicant shall co-operate during the investigation and to attend the concerned Police station on every Sunday for a period of one month from today between 9.00 a.m. and 12.00 noon.

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(b) The applicant shall not tamper with the prosecution witnesses .

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[ T.V.NALAWADE, J.]

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MTK

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4 Cri.A.1993.11

Devram @ Deorao Bajirao Shende v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Devram @ Deorao Bajirao Shende v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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