Allowed

Ramsingh Parasnath Gound v. the State of Maharashtra

Bombay HC4 May 2023ABA/823/2023

Case brief

AI extract

What is this about?

High Court allowed anticipatory bail application under Section 438 Cr.P.C. holding that prima facie essential ingredients of Section 326 IPC were not made out as injury did not indicate grievous hurt or use of dangerous weapon.

What did the court decide?

Application allowed; Applicant released on bail on furnishing PR bonds with sureties and granted undertaking conditions.

Ramsingh Parasnath Gound Vs the State of Maharashtra — Anticipatory Bail | Bombay HC (2023)

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Megha 2_aba_823_2023.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.823 OF 2023

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Ramsingh Parasnath Gound ...Applicant

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Versus

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MEGHA S PARAB

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Digitally signed by MEGHA S PARAB Date: 2023.05.04 17:24:23 +0530

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The State of Maharashtra and Anr. ...Respondents

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Ms Ratna Jaiswal for the Applicant. Mr. S.V. Gavand, APP for the Respondent No.1-State.

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CORAM: SMT. ANUJA PRABHUDESSAI, J. DATED : 4^th MAY, 2023.

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P. C. :-

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The Applicant apprehends arrest in C.R. No.789 of 2022 registered with Juhu Police Station, Mumbai, for the ofences punishable under Sections 326, 324 and 504 r/w 34 of the IPC.

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Heard Ms Ratna Jaiswal, learned counsel for the Applicant and Mr. S.V. Gavand, learned APP for the Respondent -State. I have perused the records and considered the submissions advanced by the learned counsel for the respective parties.

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The allegations against the Applicant are that he alongwith the co-accused had assaulted the First Informant-Narayan Mandal. A perusal of the FIR prima facie reveals that on 14/06/2022 at about 11.00 p.m. four persons had hired the rikshaw of the First Informant. He has

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Megha 2_aba_823_2023.doc

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stated that one of the passengers slapped him and when he questioned the said passenger, the other person gave a blow of wooden stick on his hand and forehead. The First Informant therefore lodged the FIR against four unknown persons.

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The Applicants have been arrested on the basis of the CCTV footage. It is stated that till date Identifcation Parade was not held. Initially crime was registered under Sections 324 and 504 of the IPC. Subsequently ofence under Section 326 of the IPC came to be added.

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The records reveal that the First Informant was treated in the casualty of Dr. Kooper Municipal General Hospital, Juhu. The doctor has certifed that the First Informant had sustained CLW on the right frontal scalp, which is stated to be a grievous injury. The hurt certifcate does not prima facie indicate that the First Informant had sufered any fracture or that the single injury sufered by the First Informant is a grievous injury within the meaning of Section 320 of the IPC. Furthermore, the injury was not caused by a dangerous weapon or means as specifed under Section 326 of the IPC. Hence, prima facie essential ingredient of Section 326 are not made out. The other ofences are bailable. Hence, this is a ft case to exercise discretion under Section 438 of the Cr.P.C.

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Under the circumstances, the application is allowed on the following terms and conditions:-

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Megha 2_aba_823_2023.doc

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(i) In the event of arrest of the Applicant in C.R. No.789 of 2022 registered with Juhu Police Station, Mumbai, the Applicant shall be released on bail on furnishing PR bonds in the sum of Rs.25,000/- with one or two sureties to the like amount;

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(ii) The Applicant shall report to the Investigating Ofcer for two days i.e. on 08/05/2023 and 09/05/2023 between 11.00 a.m. to 2.00 p.m. and thereafter as and when required by the Investigating Ofcer;

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(iii) The Applicant shall not interfere with the complainant and the other witnesses and shall not tamper with the evidence or attempt to infuence or contact the complainant, witnesses or any person concerned with the case;

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(iv) The Applicant shall keep the Investigating Ofcer informed of his current address and mobile contact number, and/or change of residence or mobile details, if any, from time to time.

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The application stands disposed of.

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(SMT. ANUJA PRABHUDESSAI, J.)

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Ramsingh Parasnath Gound v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ramsingh Parasnath Gound v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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Coram

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