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2014 DIGILAW 2542 (BOM)

Ambadas Kisan Bhagwat v. State of Maharashtra

2014-12-24

P.D.KODE

body2014
Judgment 1. For the detail reasons recorded in the order dated 19-12-2014 the ad-interim direction in terms of section 438 of Code of Criminal Procedure was granted in favour of applicants in connection with C.R. No.313 of 2014 registered with Daund police station, Pune for the offences punishable under Sections 307, 323, 504 and 506 read with 34 of Indian Penal Code. The learned APP opted to argue the matter without filing say on the basis of papers of investigation. 2. The perusal of the F.I.R. reveals that the incident of assault had emerged out of quarrel which was in progress in between applicant No.1 and his nephew. It also reveals that accused Ambadas was not armed with weapon since beginning at the time of the incident. It reveals that after the said nephew questioning Ambadas for giving abuse to his mother, the applicants enraged, returned to their house and brought weapons. Even account of incident mentioned in F.I.R. reveals that both the blows given by the applicant No.2 were not on vital part of the body. The injury certificate dated 16-10-2014 collected during the course of the investigation reveals that blows had landed on right and left side of lower part of the chest. Injury certificate does not contain the opinion of the doctor that the said injuries if not treated would have resulted into death of victim. 3. Though learned APP tried to press the necessity of custodial interrogation on the count of Axe being not recovered, it is difficult to perceive that for the said sole reason the prayer for pre arrest bail will not deserve consideration. It appears accordingly as F.I.R. does not reveal that Axe was used as a weapon of assault. It also appears improbable that the applicant No.2 who is said to have armed with Axe in a assault is said to have used the knife. 4. Having regard to the said aspect and having regard to the fact that cross case has been lodged by the party of the applicants, the prayer in application deserve consideration with certain conditions. 5. Resultantly, the application is allowed. 6. The ad-interim direction given vide order dated 19-12-2014 is hereby confirmed. 4. Having regard to the said aspect and having regard to the fact that cross case has been lodged by the party of the applicants, the prayer in application deserve consideration with certain conditions. 5. Resultantly, the application is allowed. 6. The ad-interim direction given vide order dated 19-12-2014 is hereby confirmed. The investigating officer of the said crime is directed that in event of arrest of the applicants in connection with aforesaid crime each of them be released on bail upon furnishing P.R. Bond in sum of Rs.50,000/- with one or more sureties to make up like amount and subject to the condition of the applicants, (i) staying at the addresses mentioned in the application. (ii) attending the investigating officer everyday in between 5.00 pm to 7.00 pm. (iii) not indulging in any activity of tampering the prosecution evidence and/or not indulging in any activity of coercing, threatening and pressuring the prosecution witnesses. (iv) not directly or indirectly making any inducement, threat or promise to any person acquainted with the facts of the accusation against them so as to dissuade him/her from disclosing such facts to the investigating officer. (v) not misusing the protection granted by this order for fleeing away or for any other oblique purpose. (vi) The bail granted will be liable to be cancelled in event of applicants coming in the contact of witnesses for threatening on any other oblique purpose. Application stands disposed of.