Allowed two criminal applications for anticipatory bail. The court held that custodial interrogation was not required as the injury was caused by another accused. Prior interim protection was made absolute.
Anticipatory bail granted; interim protection made absolute on same terms and conditions.
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criapln1677-2016
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1677 OF 2016
Shubham Ramling Surwase,
Age : 22 years, Occu. Education,
R/o Ram Nagar, Osmanabad,
District Osmanabad APPLICANT
VERSUS
The State of Maharashtra,
through Police Inspector,
Osmanabad (City) Police Station,
Osmanabad
RESPONDENT
AND
CRIMINAL APPLICATION NO. 1597 OF 2016
Appa @ Abhimanyu s/o Arjun Chadare,
Age : 21 years, Occu. Education,
R/o Wadgaon (S), Taluka and
District OsmanabadAPPLICANT
VERSUS
The State of Maharashtra,
through Police Inspector,
Osmanabad (City) Police Station,
OsmanabadRESPONDENT
Mr. Abhijit S. More, Advocate for the applicant
in Criminal Application No. 1677/2016
Mr. S.B. Bhapkar, Advocate for the applicant
in Criminal Application No. 1597/2016
Mr. U.S. Mote, A.P.P. for the respondent-State
in both the applications
CORAM: M.T. JOSHI, J.
DATE : 04/04/2016
criapln1677-2016
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ORAL ORDER :
1. Heard both sides.
2.The present applicants, who are apprehending
their arrest at the hands of Osmanabad City Police
Station, District Osmanabad in Crime No. 49/2016,
registered for the offences punishable under section
307, 324, 323, 143, 147, 148, 149 of the Indian Penal
Code, are praying for their release on bail in the event
of their arrest.
3.The complaint of Suraj Mohan Tambe filed on 31st
January, 2016 would show that over the issue of previous
dispute, the present applicants alongwith other named
accused had attacked his friend Laxman Dhoble by taking
him away by a car. In the incident, one Ravi Wadne is
alleged to have stabbed the complainant with a knife. So
far as applicant Shubham in Cri. Application No.
1677/2016 is concerned, it is alleged that this
applicant Shubham had injured the complainant on his
head with a stone. So far as applicant Appa @ Abhimanyu
in Cri. Application No. 1597/2016 is concerned, the
allegations are that he alongwith other accused
3 criapln1677-2016
assaulted the complainant with fists blows.
4.The learned A.P.P. has placed before me the
injury certificate regarding the complainant which would
not show that there was any injury to the head as
alleged. As regards present applicant Shubham, learned
A.P.P. submitted that the gang of the main accused had
in fact assaulted the complainant and his friend and
therefore, the anticipatory bail may not be granted to
the applicants.
5.Considering the fact that the complainant had
received a single stab wound which was attributed to the
another accused, in my view, the custodial interrogation
of the present applicants is not required. Hence, the
following order.
6.The interim protection granted by this Court to
the applicant Appa @ Abhimanyu s/o Arjun Chadare vide
order dated 16th March, 2016, passed in Cri. Application
No. 1597/2016 and the interim protection granted by this
court to the applicant Shubham Ramling Surwase, vide
order dated 18th March, 2016, passed in Cri. Application
No. 1677/2016, is hereby made absolute on the same terms
criapln1677-2016
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and conditions.
7.Both the present applications are accordingly
allowed and disposed of.
[M.T. JOSHI]
JUDGE
npj/criapln1677-2016
2 issues framed by the court
Whether anticipatory bail should be granted to the applicants who are apprehending arrest for offences under sections 307, 324, 323 IPC.
Whether custodial interrogation of the applicants is required given the findings of injury and the role of another accused in causing injury.
1 provisions across 1 enactments
Shubham Ramling Surwase
Appa @ Abhimanyu s/o Arjun Chadare
The State of Maharashtra
M.T. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court