Allowed

Shripati Rama Chougule and Ors. v. the State of Maharashtra

Bombay HC4 Jul 2014ABA/510/2014

Case brief

AI extract

What is this about?

In this anticipatory bail application, the High Court granted bail to applicants facing IPC charges for assault and affray. Considering the cross-complaints and the severity of injuries sustained by both parties, the court granted bail subject to specific conditions including future reporting and non-tampering with evidence.

What did the court decide?

Anticipatory bail granted subject to furnishing bond, one or two sureties, prohibition of tampering with evidence, cooperation with investigation, and specific future reporting conditions.

Shripati Rama Chougule and Ors. Vs the State of… — Cheating and Forgery | Bombay HC (2014)

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Sherla V.

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aba.510.2014.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.510 OF 2014

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Shri Shripati Rama Chougule & Ors. ... Applicants Vs. The State of Maharashtra ... Respondent

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Mr.A.S. Patil for the Applicants Ms.Alpa Javeri, APP, for Respondent – State

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CORAM: MRS.MRIDULA BHATKAR, J. DATE: JULY 4, 2014

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P.C.:

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The applicants are facing charges under sections 326, 324, 504,

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143, 147, 148, 149 of the Indian Penal Code in the crime registered at C.R. No.12 of 2014 by the Radhanagari police station, Kolhapur. It is the case of the complainant Baburao Pandurang Chougule that the applicants/accused and the co-accused are relatives of the complainant. However, there was a dispute between the two groups on account of partition of the ancestral land. On 27.1.2014, at around 3.30pm, there was a verbal altercation between the same family members of the both the parties and it aggravated into free fight between both the groups. The applicants/accused alongwith the co-accused were armed with axe, sickle and sticks and they assaulted the complainant and the family members. One Yuvraj Bhajirao, the relative of the complainant, was assaulted who

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aba.510.2014.doc

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suffered head injuries. Some other members also sustained injuries. Yuvraj has suffered grievous injuries and others sustained simple injuries.

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Learned Counsel for the applicants/accused has submitted that one Chougule, a relative from the group of the applicants/accused has also lodged a cross case which is registered at C.R. No.11 of 2014 on the same day due to the same assault. He pointed out that these 3 aplicants were severely injured. He produced the injury certificates of these person which showed that they were severely beaten up. The applicant Nivrutti has lost his orientation and they all were admitted to the hospital. The learned Counsel submitted that the applicants are ready to cooperate with the police if at all they are protected by pre-arrest bail.

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Learned Prosecutor opposed the application. She relied on the injury certificate of Yuvraj.

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Perused the complaint and the injury certificates. As there was cross complaint and in view of the serious injuries sustained by the applicants/accused, I am inclined to grant anticipatory bail subject to following terms:

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i) In the event of arrest, the applicants be enlarged on bail on furnishing P.R. Bond in the sum of Rs.15,000/- each, with one or two sureties in the like amount;

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aba.510.2014.doc

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ii) The applicants shall not tamper with the evidence and shall not indulge any kind of such activities;

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iii) The applicants shall cooperate with the investigating officer. Applicant No.3 shall report to the concerned police station on every Thursday, between 6pm to 8pm. Applicant Nos.1 and 2, who are injured and bed ridden, shall attend the concerned police station, as and when called, till the filing of chargesheet.

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Anticipatory Bail Application is disposed of accordingly.

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(MRS.MRIDULA BHATKAR, J.)

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Shripati Rama Chougule and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Shripati Rama Chougule and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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