Allowed

Pravin Vishnu Bhoir and Anr. v. the State of Maharashtra

Bombay HC25 Mar 2021BA/789/2021

Case brief

AI extract

What is this about?

In a bail application under the Bombay Criminal Appellate Jurisdiction, the high court granted bail to applicants charged with offences under Sections 307, 326, and others of the IPC regarding affray and assault. The court imposed stringent conditions including bonded security, stay from the jurisdiction, and provisional cash bail.

What did the court decide?

Bail allowed on execution of P.R. Bond of Rs.25,000/- each with sureties; stay out of Kasara Police Station jurisdiction for six months; permission to visit residence; provisional cash bail permitted.

Pravin Vishnu Bhoir and Anr. Vs the State of Maharashtra — Bail and Remand | Bombay HC (2021)

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rpa 1/5 45 ba 789 2021(2).doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO.789 OF 2021

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1. Pravin Vishnu Bhoir; and

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1. Rangnath Jayram Bhoir Versus

State of Maharashtra

.. Applicants

.. Respondent

Mr.Pandit Kasar, Advocate for the Applicants.

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Ms.Anamika Malhotra, APP for the Respondent – State.

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CORAM : PRAKASH D. NAIK, J.

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DATED : MARCH 25, 2021.

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P.C. :

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The applicants are seeking bail in connection with C.R. No.I-53 of 2020 registered with Kasara Police Station, Thane Rural, for ofences punishable under Sections 307, 326, 323, 324, 143, 144, 147, 148, 149, 452, 108, 352, 427, 504, 506 & 188 of Indian Penal Code (“IPC”, for short). Applicants were arrested on 7^th May, 2020.

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2 The case of the prosecution is that, First Information Report was lodged by Kiran Shantaram Vekhande. He is the resident of Village Mokhawane, Taluka Shahapur, Dist. Thane. It is alleged that on 6^th May, 2020 at about 8.30 p.m. when he

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This order is corrected pursuant to Speaking to the Minutes order dated 1^st April, 2021.

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rpa 2/5 45 ba 789 2021(2).doc

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went out for walk after dinner, Sagar Ramdas Bhoir and Naresh Dhavu Bhoir assaulted him with sword. Sagar Ramdas Bhoir gave blow of sword on rear part of head and palm of left hand. Naresh Dhavu Bhoir gave blow by sword. Complainant caught the sword resulting in injury to his fngers. It is further alleged that when family members and relatives of the complainant came to rescue him, relatives of Sagar Ramdas Bhoir and Naresh Bhavu Bhoir came there. Kailas Dhavu Bhoir, Vilas Dhavu Bhoir, Chandrakant Dhavu Bhoir, Ramdas Bhoir, Ashok Dattu Bhoir, Avinash Ashok Bhoir, Rajesh Ashok Bhoir and Jagdish Ramdas Bhoir assaulted complainant’s father on his head by sword and fst-kick blows on chest. It is further alleged that his cousin Gurunath Budhaji Vekhande was assaulted on head by sword and fst blows on chest by throwing chili powder in his eyes by Jagdish Vishnu Bhoir, Yogesh Vishnu Bhoir, Pravin Vishnu Bhoir (applicant), Pravin Yashwant Bhoir, Yashwant Waman Bhoir, Bhau Waman Bhoir, Tushar Bhau Bhoir, Rajesh Jairam Bhoir, Ranganath Jayram Bhoir (applicant), Ganesh Gajanan Bhoir, Vishnu Gajanan Bhoir assaulted Sagar Vekhande, Bharat Vekhande and others by sword and kick blows and thereafter they pelted stones on the house of complainant. It is alleged that in the said melee he lost his chain. The complainant and his relatives were shifted to hospital.

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This order is corrected pursuant to Speaking to the Minutes order dated 1^st April, 2021.

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rpa 3/5 45 ba 789 2021(2).doc

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3 It appears that, prior to the registration of the present FIR complaint was lodged at the instance of the accused with the same police station vide C.R. No.I-52 of 2020 for the ofence under Section 324 of IPC and other connected ofences. As a sequel to that incident the applicants and the co-accused had allegedly formed unlawful assembly and they were armed with weapons and assaulted the complainant in the present case and other witnesses. The investigation is completed and the charge-sheet is fled.

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4 Learned counsel for the applicant submitted that the name of the applicant No.2 has not been referred in the FIR. However, his role is refected in the statement of Gurunath Vekhande and other witnesses which were recorded subsequently. The statements were recorded on 18^th May, 2020. It is further contended that, the persons to whom the applicant herein had allegedly assaulted had sustained simple injuries. It is submitted that cross case was registered which is prior in point of time.

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5 Learned APP submitted that the ofence is of serious in nature. The accused had formed unlawful assembly and they

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This order is corrected pursuant to Speaking to the Minutes order dated 1^st April, 2021.

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rpa 4/5 45 ba 789 2021(2).doc

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were armed with dangerous weapons. Several persons were injured in this case. Although the witnesses to whom the applicant had assaulted had sustained simple injury, one of the injured Shantaram Vekhende had sustained grievous injury to his head. Applicant No.1 has one criminal antecedent. Election of Grampanchayat are due. There may be law and order problem.

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6 I have perused the documents it is apparent from the record that there is enmity between two groups and cases are registered against each other. The injuries sustained by the persons to whom applicants had assaulted are simple in nature. There are no criminal antecedent against applicant No.2. One case registered against applicant No.1. The applicants are in custody from 7^th May, 2020. Investigation is complete. Chargesheet is fled. Considering the circumstances, bail can be granted on stringent terms and conditions.

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7 Hence, I pass following order.

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:: O R D E R ::

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(i) Bail Application No.789 of 2021 is allowed;

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This order is corrected pursuant to Speaking to the Minutes order dated 1^st April, 2021.

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rpa 5/5 45 ba 789 2021(2).doc

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(ii) The applicants are directed to be released on bail in connection with C.R. No.I-53 of 2020 registered with Kasara Police Station on executing P.R. Bond in the sum of Rs.25,000/- each with one or more sureties in the like amount;

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(iii) The applicants shall stay out of jurisdiction of Kasara Police Station for a period of Six months;

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(iv) The applicants are permitted to visit his residence to collect documents within one week from the date of his release;

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(v) Applicants are permitted to furnish provisional cash bail security in the sum of Rs.25,000/-, each, for a period of 8 weeks, in lieu of surety.

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(vi) Bail Application No.789 of 2021, stands disposed of accordingly.

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( PRAKASH D. NAIK, J.)

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This order is corrected pursuant to Speaking to the Minutes order dated 1^st April, 2021.

Pravin Vishnu Bhoir and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Pravin Vishnu Bhoir and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

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