Allowed

Amol Vishwanath Gaikwad v. the State of Maharashtra

Bombay HC19 Apr 2021BA/1391/2021

Case brief

AI extract

What is this about?

The High Court, Criminal Appellate Jurisdiction, allowed the bail application of Amol Vishwanath Gaikwad arrested for offenses including grievous hurt and affray under the IPC and Arms Act. The investigation was complete, and the court released him on bail requiring the police station reporting.

What did the court decide?

Applicant enlarged on bail on personal bond of Rs. 15,000/- and one or more solvent sureties in like amount; ordered not to tamper with investigation and to report to police station when called.

Amol Vishwanath Gaikwad Vs the State of Maharashtra — Bail and Remand | Bombay HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO.1391 OF 2021

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Amol Vishwanath Gaikwad…Applicant
V/s.

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The State of Maharashtra…Respondent

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Mr. Satyavrat Joshi i/b. Mr. Vaibhav Kulkarni, Advocate for the
Applicant.

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Ms. P.P. Shinde, APP for the Respondent - State.

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CORAM:SMT. SADHANA S. JADHAV, J.
DATED:19th APRIL 2021.

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P.C. :Through video conference

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1.Heard the learned counsel for the applicant and the

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learned APP for the Respondent – State through video conference.

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2.This is an application under section 439 of Cr.P.C. The
applicant is arrested on 14th November 2020 in Crime No.532 of 2020
registered at Rajgadh Police Station for the offences punishable under
section 143, 147, 148, 149, 323, 325, 326, 337, 341, 307, 504, 506
r/w 34 of the Indian Penal Code and under sections 4 and 25 of the
Arms Act. Investigation is completed and charge sheet is filed. The

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facts of the case are as follows :-

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That on 10th November 2020 Narendra Deoram Gaikwad
lodged a report at the Police Station alleging therein that he happens
to be the Police Patil of Village Kasurdi. His father Devram Gaikwad is
the owner of the piece of land in Gat No.380 and 366 of Kasurdi and
with the permission of the owner Kundlik Gaikwad had commenced
renovation of his house. That, according to the complainant, there was
some encroachment by the Gaikwad family and therefore, there were
trifling disputes between them intermittently. That, on 10th September
2020, a quarrel had ensued between Kundlik Gaikwad and the
accused. That, Abhijeet Devram Gaikwad happens to be brother of the
complainant and therefore, the complainant had intervened. At that
time, Kundlik Gaikwad and Vishwanath had assaulted the complainant
with agricultural implement. At this stage, the present applicant had
intervened with a sword and thereafter, the injured were restrained
from proceeding to the Hospital.

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3.The injury certificate of the injured Narendra Gaikwad
shows that he had sustained injuries in the nature of contused
lacerated wound over his index finger, middle finger and ring finger

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and right ear near lobule whereas Devram had sustained contused

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lacerated wound over the right parieto-occipital region and multiple
abrasions and the injured Abhijeet had sustained abrasion over his
back and swelling on the occipital region. There are no criminal
antecedents against the applicant.

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4. Investigation is completed and charge sheet is filed. Hence,

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the applicant deserves to be enlarged on bail as further custody is
unwarranted. Hence, the following order :-

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ORDER

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(i)Application is allowed;

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(ii)Applicant be enlarged on bail on P.R. Bond in the sum of

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Rs.15,000/- and one or more solvent sureties in the like
amount;

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(iii)Applicant shall not tamper with the investigation and shall

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report to the Police Station as and when called;

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(iv)Application is allowed and disposed of above in above

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terms.

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(SMT. SADHANA S. JADHAV, J)

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Amol Vishwanath Gaikwad v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Amol Vishwanath Gaikwad v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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