Allowed

Dhananjay Shankar Temgire and Anr. v. the State of Maharashtra

Bombay HC19 Aug 2023ABA/2324/2023

Case brief

AI extract

What is this about?

In an anticipatory bail application, the High Court of Bombay allowed relief to the applicants facing charges under the IPC and Motor Vehicle Act for their involvement in a motor accident where their father was injured, directing their cooperation with investigation and bail provisions.

What did the court decide?

Applicants granted anticipatory bail; upon arrest, to be released on bail by furnishing PR Bond of Rs.15,000 each with sureties.

Dhananjay Shankar Temgire and Anr. Vs the State of… — Anticipatory Bail | Bombay HC (2023)

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907-aba2324-2023.doc

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AGK

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.2324 OF 2023

ATUL

GANESH

KULKARNI

Digitally signed byATUL GANESH KULKARNI Date: 2023.08.19 17:34:05 +0530

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Dhananjay Shankar Temgire & Anr.… Applicants
V/s.
The State of Maharashtra… Respondent

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Mr. Sanjeev Kadam with Mr. Prashant Raul and Mr.
Pratik P. Deshmukh for the applicants.

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Ms. Rutuja Ambekar, APP for the respondent/State.

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CORAM:AMIT BORKAR, J.

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DATED:AUGUST 19, 2023

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P.C.:

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1.Apprehending arrest in connection with C.R. No.114 of 2023
dated 1 July 2023 registered with Pargaon Karkhana Police Station
for offences punishable under Sections 279, 323, 337, 338, 34,
365, 504, 506, 427 of the Indian Penal Code, 1860 and under
Section 184 of the Motor Vehicle Act, the applicants are seeking
relief of pre-arrest bail under Section 438 of the Criminal
Procedure Code, 1973.

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2.The case of prosecution in short is that on 1 July 2023 a
four-wheeler car bearing No.MH-14/EY-5049 dashed a two-
wheeler bearing No.MH-14/CT-522. In the said accident, father of
the applicants, Shankar Baban Temgire and one Sandip Kondaji
Bhor who was riding the motor bike were injured. The said

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907-aba2324-2023.doc

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accident took place at 8.00 a.m. at Mindevasti on Nagapur
Manchar Road. It is alleged that crowd gathered at the said spot of
the accident started arguing with the first informant and two
persons from the said crowd started beating him and gave bad
words to him and to his father and mother who were in the car. It
is further alleged that the said two persons kept the injured
Shankar Baban Temgire in their white colour Wagon R bearing
No.MH-14/HQ-7687 and snatched the informant’s car key and
further started forcing him to sit in their car and took him to
Bhosari, where the injured Shankar Baban Temgire was later
admitted. The doctor informed that the leg of Shankar Baban
Temgire was broken. Accordingly, first information report came to
be lodged.

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3.The applicants filed application under Section 438 of the
Criminal Procedure Code, 1973 before the learned Sessions Judge
which came to be rejected by order dated 5 August 2023. The
applicants, therefore, filed present anticipatory bail application.

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4.Perusal of the report and case diary produced on record, it
appears that the incident occurred due to accident of applicants’
father with the informant’s bike. Role attributed to the applicants
is that they forced informant to accompany them to the hospital
along with their injured father. Report indicates that thereafter the
informant received a call from his friend and left the hospital on
his own volition.

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5.On overall consideration of the allegations, custodial
interrogation of the applicants is not necessary. Hence, following

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907-aba2324-2023.doc

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order:

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a)The anticipatory bail application is allowed;

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b)In the event of arrest of the applicants in connection
with C.R. No.114 of 2023 dated 1 July 2023 registered with
Pargaon Karkhana Police Station for offences punishable
under Sections 279, 323, 337, 338, 34, 365, 504, 506, 427 of
the Indian Penal Code, 1860 and under Section 184 of the
Motor Vehicle Act,, they be released on bail on furnishing P.R.
Bond in the amount of Rs.15,000/- each with one or two
sureties in the like amount;

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c)The applicants shall remain present before the
investigating officer on 21, 23 and 25 August 2023 between
11.00 a.m. to 2.00 p.m. and thereafter as and when called by
the concerned investigating officer;

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d)The applicants shall cooperate with the investigation
and make themselves available for interrogation whenever
required;

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e)The applicants shall not directly or indirectly make any
inducement, threat or promise to any witness acquainted
with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer;

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f)The applicants shall not obstruct or hamper the police
investigation and not to play mischief with the evidence
collected or yet to be collected by the police;

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g)The applicants shall, at the time of execution of the

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907-aba2324-2023.doc

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bond, furnish their address and mobile number to the
investigating officer, and the court concerned, and shall not
change the residence till the final disposal of the case;

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6.The anticipatory bail application stands disposed of in above
terms. No costs.

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(AMIT BORKAR, J.)

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Dhananjay Shankar Temgire and Anr. v. the State of Maharashtra

Case brief

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What did the court decide?

Dhananjay Shankar Temgire and Anr. v. the State of Maharashtra

Case brief

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