Allowed

Tukaram Maruti Patil and Anr. v. the State of Maharashtra

Bombay HC15 Mar 2021BA/67/2021

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay granted bail to two applicants charged with an assault incident involving police personnel. The court observed that the main injuries were caused by the applicants' sons, the investigation was complete, and continued custody served no purpose, directing release on bail with a fine and sureties.

What did the court decide?

The applicants were directed to be released on bail by executing PR bonds of Rs.30,000/- each with one or two sureties in like amount.

Tukaram Maruti Patil and Anr. 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.67 OF 2021

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1. Tukaram Maruti Patil, &

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2. Asha Tukaram Patil..... Applicants
Versus
The State of Maharashtra.... Respondent

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Mr. Kuldeep S. Patil, Advocate for the Applicants.
Ms. Pallavi N. Dabholkar, APP for the Respondent-State.

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CORAM:SARANG V. KOTWAL, J.
DATE:15th MARCH, 2021

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P.C. :

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1.The Applicants are seeking their release on bail in

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connection with C.R.No.57/2020 registered at Mangaon

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police station, District-Raigad on 18.3.2020 under Sections
307, 353, 332, 333, 327, 504 read with 34 of the Indian Penal

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Code. The Applicants were arrested on 20.3.2020 and since
then they are in custody.

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2.Heard Shri Kuldeep Patil, learned Counsel for the
Applicants and Ms. Pallavi Dabholkar, learned APP for the
State.

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Deshmane(PS)

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3.The FIR is lodged by API Sagar Kavale. He has

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stated that between the night of 17th and 18th March, 2020, he
was on patrolling duty. At about 2:00 a.m., when their vehicle
had reached Indapur junction, two persons stopped them and
they complained that their Maxximo Pickup car had touched
one Eeco car which was in the front. It was a very small
collision but the occupants of the vehicle got down and had
beaten them. Their vehicle was forcibly taken away. The
informant along with his colleagues then tried to find these
two vehicles. They reached an agricultural field at Wadhawan
at about 2:45 p.m.. There they saw both the vehicles. He
and Police Constable Tekale got down. They gave a call to the
inmates of the house. At that time, a man and a woman came
out. The woman started quarreling with the informant and
started abusing him. The first informant told her to call her
sons. Her sons came out. One of them assaulted the
informant with an iron rod and the other one kicked hard on
his left leg causing fracture. The informant fell down. The
Police Constable Tekale tried to intervene but he was also

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assaulted. Then the two young men went away in their Eeco
vehicle. After some time, other police staff came and the
informant was taken for treatment. After this, the FIR was
lodged.

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4.Learned Counsel for the Applicants submitted that
they are in custody since March, 2020. No serious role is
attributed to them. The main allegations are directed at their
sons. Therefore, their further custody is not necessary. The
investigation is over and the charge-sheet is filed.

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5.Learned A.P.P. relied on the allegations in the FIR
to oppose this application.

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6.I have considered their submissions and with their
assistance I have perused the charge-sheet. There are eye
witnesses to the incident besides the first informant. They are
Uddhav Tekale, who was the police constable accompanying
the first informant. One Istiyaq Ahmed Fatte Khan has seen
the incident and he was knowing the Applicants and their
sons. He has narrated the incident in detail.

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7.Besides this direct evidence, there is recovery of
belt and the name plate of the informant which was removed
by the Applicants’ sons at Applicant-Tukaram’s instance.
Therefore, at this stage, the incident cannot be doubted.
However, at the same time, as rightly submitted by Shri Patil
both these Applicants are not attributed the main role of
assault on the informant. There are allegations that
Applicant No.2 Asha had beaten the informant with her
footwear and had abused him, but, that has not caused
grievous injury and for that act she is already in custody for
about a year.

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8.The injury certificate of the first informant shows
that the first informant had suffered fracture of left tibia and
there were other four injuries in the nature of contusions and
abrasions. All these other injuries are described as simple
injuries. Uddhav Tekale has suffered three simple injuries.

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9.Considering this aspect, it is clear that the main
injuries are caused by the Applicants’ sons. The Applicants are
already in custody for about a year. The investigation is

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complete. Their further custody for the entire duration of trial
will not serve any purpose. Therefore, they deserve to be

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released on bail. Hence, the following order :

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ORDER

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(i)In connection with C.R.No.57/2020
registered at Mangaon police station,
District-Raigad, the Applicants are directed
to be released on bail on their furnishing PR
bonds in the sum of Rs.30,000/- (Rupees
Thirty Thousand Only) each with one or
two sureties each in the like amount.

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Digitally signed by Pradeepkumar Pradeepkumar P. Deshmane P. Deshmane Date: 2021.03.17 14:23:52 +0530

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(ii)The Application stands disposed of
accordingly.

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(SARANG V. KOTWAL, J.)

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Deshmane (PS)

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Tukaram Maruti Patil and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Tukaram Maruti Patil and Anr. 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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Statutes considered

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