Pre-arrest bail application allowed for applicants accused of assault. Court found prima facie evidence insufficient for Section 326 IPC based on injury report. Bail granted with conditions to cooperate in investigation and refrain from tampering.
Released on bail by executing PR Bond in sum of Rs.30,000 with one or two sureties.
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.
2023:BHC-AS:31646
915-ABA-2943-23.DOC
Sayali Upasani
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2943 OF 2023
Rajendra Sukhadeo Thengal and Others ...Applicants
Vs. The State of Maharashtra ...Respondent
Mr. Rupesh Zade, with Ms. Priyanka Gupta, for Applicants. Mr. S. H. Yadav, APP for State.
Mr. G. H. Nimbalkar, PSI, Baramati City Police station, Present.
CORAM:- N. J. JAMADAR, J. DATED:- 20th OCTOBER, 2023
PC:-
15th September, 2023, an altercation ensued over the use of well
1/3
915-ABA-2943-23.DOC
water to irrigate the land. The applicants allegedly assaulted the first informant Uttam Thengal and his son Hemant by means of deadly weapons.
ORDER
I) In the event of arrest of the applicants in connection
with C.R. No. 708 of 2023, registered with Baramati Police Station, for the offences punishable under Sections 324,
2/3
915-ABA-2943-23.DOC
326, 504 and 506 read with Section 34 of Indian Penal Code, 1860, the applicants be released on bail on executing a PR Bond in the sum of Rs.30,000/- with one or two sureties in the like amount.
II) The applicant shall co-operate with the investigation and attend Baramati police station, on 1st , 2nd and 3rd November, 2023 in between 10.00 am to 1.00 pm.
III) The applicants shall not tamper with the prosecution
evidence and/or give threat or inducement to the first informant and any of the persons acquainted with the facts of the case.
IV) It is clarified that these prima facie observations are confined to determine the entitlement to pre-arrest bail only.
[N. J. JAMADAR, J.]
3/3
3 issues framed by the court
Whether to grant pre-arrest bail to applicants accused of assault and affray.
Whether the allegations prima facie establish an offence under Section 326 IPC given the nature of injuries.
Whether conditions can be imposed for release on bail in a joint violence case.
1 provisions across 1 enactments
The State of Maharashtra
N. J. Jamadar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
