This is an anticipatory bail application dismissed. The Court rejected the plea due to specific allegations against the applicant for inflicting a grievous injury with a stick, making custodial interrogation necessary. The request to continue ad-interim relief was also rejected.
Admitted this is null
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO.482 OF 2021
PRAVIN DAGAJI PATIL VERSUS
THE STATE OF MAHARASHTRA
Advocate for Applicant : Mr. Girish S. Rane APP for Respondent-State : Mr. N. T. Bhagat
CORAM : MANGESH S. PATIL, J.
DATE : 03.07.2021
PER COURT :-
The informant is apprehending arrest in connection with Crime No. 0037 of 2021 registered with Marwad Police Station, District Jalgaon for the offences punishable under Sections 326, 325, 323, 504 and 506 read with Section 34 of the Indian Penal Code and he is seeking bail in the event of his arrest.
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they got annoyed and abused and assaulted him. When his son Devidas tried to intervene, even he was assaulted. They left the spot by threatening the father and the son of the dire consequences, if the house was constructed. It is alleged that the applicant assaulted the informant with a stick on his left hand. The matter was reported to police and the offence was registered.
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out that though the FIR has been apparently lodged belatedly the medico-legal certificate of the applicant would show that he was admitted in the hospital on the very same day of the incident i.e. 27.03.2021 and was treated for a fracture injury to the distal end of radius which is opined to be grievous injury caused by hard and blunt object. The certificate further points out that even while recording the history, it was specifically informed that the injury was caused by a wooden stick. He would, therefore, submit that at this juncture, not much importance be attached to the delay in registering the crime.
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the Medical Officer of Rural Hospital, Amalner clearly indicates that the informant was taken to that hospital on the same day of the incident. The incident is alleged to have taken place on 27.03.2021 at about 8.00 a.m. and he was brought to the hospital at 8.30 p.m. While recording the history, it has been specifically reported that the incident had taken place at 8.00 a.m. and use of wooden stick was also narrated. As can be seen, one of the two injuries sustained by the informant is a fracture to distal end of radius. It is in view of such record, in my considered view, no importance can be attached to the fact of delay in lodging the FIR and registering the crime.
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11.05.2021, the application deserves to be rejected.
The application is dismissed.
rejected.
( MANGESH S. PATIL ) JUDGE
rrd
3 issues framed by the court
Whether anticipatory bail should be granted to the applicant in view of his specific role in causing the grievous injury.
Whether the delay in registering the First Information Report should be considered given the medical records establishing the time of injury.
Whether the application for continued ad-interim relief should be allowed pending the Supreme Court proceedings.
Pravin Dagaji Patil
The State of Maharashtra
Mangesh S. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
