Sachin Mahadeo Anbhule Vs the State of Maharashtra and Another — Bombay HC (2024) — LawSathi Research

Sachin Mahadeo Anbhule Vs the State of Maharashtra and Another — Bombay HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Split result across two applications disposed together: (1) Anticipatory Bail Application No.324/2024 (Sachin Mahadeo Anbhule) - dismissed as withdrawn after permission to withdraw was granted when the Court was not inclined to grant relief; (2) Anticipatory Bail Application No.325/2024 (Sharad Sambhaji Nimbalkar) - allowed: in the event of arrest in C.R. No.357/2023 (Mirajgaon Police Station), release on executing Personal Bond and Surety Bond of Rs.15,000/- with one surety in the like amount; till filing of charge-sheet, applicant to attend the concerned police station as and when called, co-operate in investigation, and not tamper prosecution evidence.

Issue for consideration

Whether anticipatory bail should be granted to applicant Sachin Mahadeo Anbhule, who apprehends arrest in C.R. No.357/2023 (Mirajgaon Police Station). +1 more

Court's answer

After argument at length on merits, the Court being not inclined to grant relief, the learned advocate for applicant Sachin Mahadeo Anbhule sought and was granted permission to withdraw; Anticipatory Bail Application No.324/2024 is dismissed as withdrawn.

Ratio / Principle

Pre-trial custodial detention of applicant Sharad Sambhaji Nimbalkar is not necessary: the applicant was injured and suffered a fracture in the incident, and nothing is to be recovered from him (two sticks already recovered in the crime).

Key takeaways

The informant alleged that Sharad Nimbalkar (applicant), Nitin Bendre and Alli alias Nikhil Kacharu Sasane assaulted him with sticks on back, thighs and legs; however, the injury certificate does not support that allegation.ratio¶23
Anticipatory Bail Application No.325/2024 is allowed; in the event of arrest of applicant Sharad Sambhaji Nimbalkar in connection with C.R. No.357/2023, he is to be released on executing a Personal Bond and Surety Bond of Rs.15,000/- with one surety in the like amount.ratio¶26
Condition imposed till filing of charge-sheet: applicant shall attend the concerned police station as and when called by the investigating officer and shall co-operate in the investigation.

Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench), single-judge order dated 03.04.2024 disposing of two companion anticipatory bail applications concerning C.R. No.357/2023 of Mirajgaon Police Station ( offences under Sections 324, 323, 504, 506 r/w 34 IPC ), arising from an FIR lodged on 01/12/2023 by informant Sanjay Ashok Anbhule for an alleged assault on 25/11/2023 near Seena river bed, with a cross FIR at the instance of co-accused Sachin. (i) ABA No.324/2024 of Sachin Mahadeo Anbhule - dismissed as withdrawn, permission having been granted once the Court was not inclined to grant relief after argument on merits. (ii) ABA No.325/2024 of Sharad Sambhaji Nimbalkar - allowed: the applicant was himself injured and suffered a fracture in the incident, nothing remained to be recovered from him, and although the informant alleged that the applicant along with Nitin Bendre and Alli alias Nikhil Kacharu Sasane assaulted him with sticks, the injury certificate did not bear out that allegation; pre-trial custodial detention was accordingly found unnecessary. Release ordered on Personal Bond and Surety Bond of Rs.15,000/- with one surety in the like amount, subject to conditions (till charge-sheet filing) to attend the police station when called, co-operate in investigation and refrain from tampering with prosecution evidence.

2024:BHC-AUG:7129

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

ANTICIPATORY BAIL APPLICATION NO. 324 OF 2024

SACHIN MAHADEO ANBHULE VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

… ANTICIPATORY BAIL APPLICATION NO.325 OF 2024

SHARAD SAMBHAJI NIMBALKAR VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

Mr. Shashikant E. Shekade, Advocate for Applicant Mr. A.R. Kale, APP for Respondents/State Mr. Shailendra S. Gangakhedkar, Advocate for Informant

CORAM : NITIN B. SURYAWANSHI, J. DATE : 03^rd APRIL, 2024

PER COURT :

Applicants apprehend arrest in C.R. No.357/2023, registered with Mirajgaon Police Station, Dist. Ahmednagar, for offence punishable under Sections 324, 323, 504, 506 r/w 34 of the Indian Penal Code.

FIR is lodged by Sanjay Ashok Anbhule on 01/12/2023 while he was in the hospital, stating that on 25/11/2023 at 11:30 Hours, when he was returning to his home after dropping his mother and wife in agricultural field, his vehicle broke down at Seena river’s bed near Nimbalkar Vasti. He was trying to start the vehicle. At that time, sand was being filled in one Tipper. People filling the sand in Tipper got an impression that informant is keeping watch on them

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and he is taking their photographs. Therefore, three to four persons rushed towards informant carrying wooden log and abused him. Out of them, Sachin Anbhule was carrying iron rod. Three accused persons assaulted informant with sticks on his back, thigh and legs. Sachin Anbhule gave blow of iron rod on his head. At that time, Anil Baban Anbhule, Dadasaheb Siddheshwar Anbhule and Sachit Kashinath Anbhule intervened in the quarrel and separated informant from accused.

Heard learned advocate for applicants, learned APP for respondents/State and learned advocate for informant. Perused the investigation papers.

After arguing the matter at length on merits, when this Court was not inclined to grant relief to applicant Sachin Mahadeo Anbhule, learned advocate for applicant, on instructions, seeks permission to withdraw his application. Permission granted. Anticipatory Bail Application No.324/2024 filed by Sachin Mahadeo Anbhule is dismissed as withdrawn.

There is cross FIR registered at the instance of coaccused Sachin. It appears from record that applicant Sharad Sambhaji Nimbalkar is injured in the scufÒe and has suffered fracture injury. Perusal of investigation papers reveal that name of applicant Sharad is mentioned by informant in supplementary statement. Injury certificate shows that informant has suffered CLW with contusion and fracture on frontal parietal region of forehead

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and blunt trauma on the back. It is alleged by informant that three accused persons namely Sharad Nimbalkar (applicant), Nitin Bendre and Alli alias Nikhil Kacharu Sasane, have assaulted him with sticks on back, thighs and legs. However, injury certificate does not support the said allegation.

Two sticks are already recovered in present crime. Considering the fact that applicant is injured and has suffered fracture in the incident, and nothing is to be recovered from him, pretrial custodial detention of applicant is not necessary in the facts of the present case.

In the result, Anticipatory Bail Application No.325/2024 is allowed.

In the event of arrest of applicant Sharad Sambhaji Nimbalkar, in connection with C.R. No.357/2023, registered with Mirajgaon Police Station, Dist. Ahmednagar, for offence punishable under Sections 324, 323, 504, 506 r/w 34 of the Indian Penal Code, applicant be released on executing Personal Bond and Surety Bond of Rs.15,000/- with one surety in the like amount.

Till filing of charge-sheet, applicant shall attend concerned police station as and when called by investigating ofÏcer and shall co-operate in the investigation. Applicant shall not tamper prosecution evidence.

(NITIN B. SURYAWANSHI, J.)

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