This court granted anticipatory bail to applicants jointly facing charges of unlawful assembly and assault on police. The court found no prima facie evidence connecting them to the crime and held it was a fit case for bail.
Bail granted on furnishing a PR bond of Rs. 15,000 each with one surety in the like amount.
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.
22-ABA-470-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO.470 OF 2023
WITH ABA/523/2023
PREMCHAND POONAMCHAND MAHTOLE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicants in ABA/470/2023 : Mr. V. S.
Bhale
Advocate for Applicants in ABA/523/2023 : Mr. A. K.
Bhosale
APP for Respondents:Mr. S. P. Sonpawale
...
CORAM:R.M. JOSHI, J
DATE:JUNE 05, 2023
PER COURT :
1.On 06th March, 2023 PSI Gore attached to
Osmanpura Police Station lodged FIR in respect of
incident occurred at around 11 am. According to the
informant when he went to Mahatule Lane there was
quarrel taking place between two groups. When police
intervened in the said quarrel, persons from both
groups prevented police from the said intervention and
thereafter started pelting stones towards them. In the
said incident informant and other police personnel
sustained injuries. On the basis of said information
present applicants are apprehending arrest.
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22-ABA-470-2023.odt
2.Learned Counsels for the Applicants states
that Applicant No. 1 – Sangharsh in ABA/523/2023 is 80%
disabled with one arm amputed from elbow. He also drew
attention of this Court to the medical papers of the
Applicant No. 2 – Ajaz indicating that on 22.07.2022 he
sustained paralytic stroke. As far as Applicant –
Premchand in ABA/470/2023 it is contended that he is
not seen in the CCTV footage and has not been
identified during investigation. Thus, according to
them, there is no evidence to connect present
Applicants to the crime in question. Hence, they are
entitled for pre-arrest bail.
3.Learned APP opposed the Applications with
submissions that in the incident in question two police
personnel have sustained injuries and having regard to
the nature of offence, it is not fit case to grant of
anticipatory bail.
4.Perusal of the remand report dated 12.03.2023
shows that PSI Gore had sustained injury due to the
assault caused on him by co-accused Santosh. It is not
in dispute that the said accused was arrested and now
has been released on bail. As far as present Applicants
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22-ABA-470-2023.odt
are concerned, neither they are seen in CCTV footage to
be the persons who had pelted stones at police nor they
are being identified as the assailants.
5.Having regard to the nature of offences it
cannot be said that all the accused were having
intention to cause assault on police as the initial
incident was a quarrel between two groups. In absence
of any prima facie evidence on record to connect
present Applicant with crime in question and as there
is no recovery to be made at their instance, it is a
fit case for grant of anticipatory bail.
6.Hence, the order:
ORDER
(i)In the event of arrest of the Applicants in
connection with Crime No. 40 of 2023
registered with Osmanpura Police Statio,
Aurangabad for the offences punishable under
Sections 141, 143, 147, 148, 149, 307, 353,
332, 333, 506 read with Section 34 of the
IPC, they shall be released on bail on
furnishing PR bond of Rs. 15,000 (Rupees
Fifteen Thousand Only) each with one surety
in the like amount.
(ii)They shall attend the concerned police
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22-ABA-470-2023.odt
station as and when required for the purpose
of investigation.
(iii)They shall not contact witnesses directly or indirectly.(iv) They shall not interfere with the evidence in any manner whatsoever.(v) They are further directed to cooperate the investigating agency for further investigation. (R.M. JOSHI, J.)
Malani
Page 4 of 4
2 issues framed by the court
Whether in the absence of prima facie evidence connecting the applicants to the crime, anticipatory bail is a fit case.
Whether the nature of the offence (assault on police after a quarrel precludes a blanket intent to assault) warrants bail.
1 provisions across 1 enactments
PREMCHAND POONAMCHAND MAHTOLE AND OTHERS
THE STATE OF MAHARASHTRA
R.M. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court