High Court rejected anticipatory bail application for Applicant No.1 due to serious prima facie case involving grievous injury. Applicant No.2 granted protection with bond and conditions.
Anticipatory bail granted to Applicant No.2 with bond and conditions; rejected for Applicant No.1.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
43-aba252-2023.doc
VRJ
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.252 OF 2023
Tanaji Kondaji Kandekar & Anr. … Applicants V/s. The State of Maharashtra & Anr. … Respondents
Mr. Aniket U. Nikam i/by Mr. Amit Icham for the applicants.
VAIBHAV RAMESH JADHAV Digitally signed byVAIBHAV RAMESHJADHAV Date: 2023.07.0711:41:31 +0530
Ms. Rutuja Ambekar, APP for the respondent No.1/State.
Mr. Ajinkya Udane for respondent No.2.
CORAM : AMIT BORKAR, J. DATED : JULY 5, 2023
P.C.:
1
43-aba252-2023.doc
that time his friend Mr. Vaishnav Amap called him and invited him for new-year party celebration at home and at that time several friends of the complainant were present there. Thereafter at about 09:00 p.m., the complainant went to Satsang Colony, Sawatamali Nagar and at that time quarrel took place between the complainant’s friend and the Applicant No.1 on the point of parking. The complainant further alleged that the applicant No.2 also present there and he was abusing complainant’s friends and the Applicant No.2 also threatened to assault them by showing Iron Sickle if they would park their vehicle. Thereafter, the present applicants assaulted Hemant Joshi and Vikki Kuwar with hands. When the complainant went to intervene at that time, the present applicant No.1 assaulted the complainant with Iron Rod on his head and due to which complainant fell down and blood was oozing from his head. Thereafter, the friends of the complainant shifted him at Apollo Hospital for medical treatment. Based on these allegations which are detailed in report, the offence came to be registered against the applicants.
2
43-aba252-2023.doc
in the incident alleged in the report. There was no intention to cause injury to the informant. He is ready to cooperate with the investigation. There are no antecedents to his discredit. He is working as a teacher in private educational institute. He, therefore, prayed for protection under section 438 of the Criminal Procedure Code, 1973.
Right frontal clw approx 4.5 c.m. in length sutured at Apollo Hospital, Nashik. Right frontal epidural hemorrhage with right frontal bone fracture as per C.T. Scan report. As per MRI Cervical Spine C-5-C6 PIVD with nerve root compression.
3
43-aba252-2023.doc
“16. We are dealing with a matter wherein the original complainant (appellant herein) has come before this Court praying that the anticipatory bail granted by the High Court to the accused should be cancelled. To put it in other words, the complainant says that the High Court wrongly exercised its discretion while granting anticipatory bail to the accused in a very serious crime like POCSO and, therefore, the order passed by the High Court granting anticipatory bail to the accused should be quashed and set aside. In many anticipatory bail matters, we have noticed one common argument being canvassed that no custodial interrogation is required and, therefore, anticipatory bail may be granted. There appears to be a serious misconception of law that if no case for custodial interrogation is made out by the prosecution, then that alone would be a good ground to grant anticipatory bail. Custodial interrogation can be one of the relevant aspects to be considered along with other grounds while deciding an application seeking anticipatory bail. There may be many cases in which the custodial interrogation of the accused may not be required, but that does not mean that the prima facie case against the accused should be granted anticipatory bail. The first and foremost thing that the court hearing an anticipatory bail application should consider is the prima facie case put up against the accused. Thereafter, the nature of the offence should be looked into along with the severity of the punishment. Custodial interrogation can be one of the grounds to decline anticipatory bail. However, even if custodial interrogation is not required or necessitated, by itself, cannot be a ground to grant anticipatory bail.”
4
43-aba252-2023.doc
a) In the event of arrest of the applicant No.2 in connection with C.R. No.02 of 2023 registered with Aadgaon Police Station, District Nashik dated 2nd January 2023 for offences punishable under sections 326, 324, 323, 504, 506 read with section 34 of the Indian Penal Code, 1860 and section 135 of the Maharashtra Police Act, he be released on bail on furnishing PR Bond in the sum of Rs.25,000/-, along with one or two sureties in the like amount;
b) The applicant No.2 shall remain present before the investigating officer on 10th , 12th and 14th July 2023 between 11:00 a.m. to 02:00 p.m. and, thereafter, as and when called by the investigating officer;
c) The applicant No.2 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;
d) The applicant No.2 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;
5
43-aba252-2023.doc
(AMIT BORKAR, J.)
6
2 issues framed by the court
Whether anticipatory bail under section 438 CrPC should be granted to applicants charged with grievous hurt and assault.
Whether the prima facie case against Applicant No.1 precludes the exercise of power under section 438 CrPC.
Colour shows how this judgement treated each authority
Sumitha Pradeep v. Arun Kumar C.K. & AnotherReferred¶28
2022 SCC OnLine SC 1529 · Who else cites this
2 provisions across 2 enactments
Tanaji Kondaji Kandekar
Application No.2
The State of Maharashtra
Amit Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
