Allowed

Darshan Uttam Donde v. the State of Maharashtra

Bombay HC13 Oct 2021ABA/2060/2021

Case brief

AI extract

What is this about?

High Court at Bombay allowed an anticipatory bail application filed by an applicant apprehending arrest. The court noted the applicant suffered a leg fracture from a prior bike accident. Balancing the grievous injuries to the victim with the applicant's physical condition, the High Court granted bail subject to conditions.

What did the court decide?

Application allowed. Applicant released on bail on executing a personal bond of Rs.25,000 with 1/2 surety in like amount.

Darshan Uttam Donde Vs the State of Maharashtra — Anticipatory Bail | Bombay HC (2021)

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Digitally signed by ARTI ARTI VILAS VILAS KHATATE KHATATE Date: 2021.10.14 12:59:07 +0530

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1-ABA-2060-2021.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.2060 OF 2021

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DARSHAN UTTAM DONDE )...APPLICANT

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V/s.

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THE STATE OF MAHARASHTRA)...RESPONDENT

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Mr.R.D.Suryawanshi, Advocate for the Applicant.

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Mr.Ajay Patil, APP for the Respondent – State.

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CORAM :V. G. BISHT, J.

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DATE : RESERVED ON 12th OCTOBER 2021
 PRONOUNCED ON 13th OCTOBER 2021

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P. C. :

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1The present application has been moved by the

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applicant under Section 438 of the Code of Criminal Procedure
apprehending arrest under Section 307, 326, 323, 504, 506, 141,
144, 147 and 149 of the Indian Penal Code (IPC) registered vide
Crime No.I-228 of 2021 with Police Station Ambad.

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2It is the case of prosecution that on 26th July 2021 at
about 10.15 p.m. while the informant along with his friends was
walking down, on account of previous dispute, applicant /accused
and other accused confronted the informant and his friends. The
prosecution alleges that accused Sunny Bacchav, Prashik Adangale
and Akshay Gavanje took out a weapon like knife from their waist
and assaulted the informant. When the informant’s friends
namely Devchand Shriram Kedare and Santosh Suresh Mandali
came to his rescue, accused Prashik Adangale, Monty Dalavi and
Roshan Jadhav exhorted that all of them should be beaten. It is
further alleged that the applicant/accused and accused Prashik
Adangale then gave blows of sickle on the abdomen, chest and
thigh of Shriram Kedare. Sunny Bacchav assaulted Santosh
Mandali on his chest and back by means of a sickle. The present
applicant then gave a blow of sickle on the person of the
informant but the said blow was resisted by the informant by his
right hand and thus suffered injury on his right hand finger. Later
on informant lodged the report.

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1-ABA-2060-2021.doc

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3Mr.Suryawanshi, learned counsel for the applicant,
submits that on the day of the incident the applicant himself was
in an injured condition and had suffered fracture on his left leg
and thus was not in a position to make any movement without the
aid of a walker. The learned counsel also invited my attention to
the statement of the concerned Medical Officer recorded by the
Investigating Officer during the course of investigation and as also
the photographs filed on record. According to the learned
counsel, the applicant is ready to co-operate the Investigating
Officer in the course of investigation and there being no necessity
of custodial interrogation, the interim relief granted by this Court
should be confirmed.

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4Mr.Ajay Patil, learned APP, on the other hand, opposed
the submissions by contending that the injuries suffered by the
prosecution witnesses are grievous in nature and then invited my
attention to the Medical Certificate filed on record. According to
the learned APP, investigation is in progress and recovery of
weapon is yet to be effected. In such circumstances, the
application deserves to be rejected, argued learned APP.

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1-ABA-2060-2021.doc

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5I have perused the investigation papers and have also
seen the photographs including the Medical Certificates pertaining
to the applicant and as also the statement of the concerned
Medical Officer, who examined the applicant, recorded during the
course of investigation.

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6First of all, it appears that on 23rd July 2021 the
applicant was treated by Dr.Harish Dhangar in respect of fracture
suffered by the applicant on the left leg. The photographs also
support the treatment papers. Then there is statement of
Dr.Harish Dhangar recorded on 22nd September 2021 by the
Investigating Officer wherein he specifically states that on 23rd
July 2021 the applicant had visited his hospital and had given
history of bike accident. His statement further shows that he had
plastered the lower part (heel) of the left leg and had opined that
it would take atleast sixty days for recovery. Thus, the statement
of the concerned Medical Officer also supports the theory put
forth by the applicant.

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1-ABA-2060-2021.doc

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7As against above, I have also gone through the Medical
Certificate pertaining to Shriram Kedare who was allegedly
assaulted by the applicant and Prashik Adangale. The certificate
does show the grievous injuries sustained by said Shriram Kedare.
It further appears that he has already been discharged from
hospital.

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8 Thus, having regard to the facts and circumstances of the case, in my considered opinion, the present application deserves consideration. Hence, the following order :

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ORDER

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1 The application is allowed.

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2In the event of his arrest in Crime No.I-228 of 2021 for the
offences punishable under Section 307, 326, 323, 504, 506,
141, 144, 147 and 149 of the IPC registered with Police
Station Ambad, the applicant be released on bail on executing
P.R.Bond in sum of Rs.25,000/- with 1/2 surety in like
amount.

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1-ABA-2060-2021.doc

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3 The applicant shall attend Police Station Ambad as and when called by the Investigating Officer.

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4 The applicant shall not tamper the prosecution evidence.

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5 The application stands disposed off accordingly.

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(V. G. BISHT, J.)

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ARTI VILAS KHATATE

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Digitally signed byARTI VILAS KHATATE Date: 2021.10.13 11:47:55 +0530

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Darshan Uttam Donde v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Darshan Uttam Donde v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

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