Bombay High Court
Vijay @ Purushottam Mithulal Beriya And ... vs State Of Mah. Thr. Pso, Ps Washim City, ... on 29 February, 2024
2024:BHC-NAG:2547
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (BA) NO. 53 OF 2024
VIJAY @ PURUSHOTTAM MITHULAL BERIYA AND OTHERS
Vrs.
STATE OF MAHARASHTRA
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Shri S. D. Chande, Advocate for applicants.
Shri A. G. Mate, A. P. P. for respondent-sole.
CORAM: URMILA JOSHI-PHALKE, J.
DATE : 29/02/2024.
1. The applicants came to be arrested on
24/10/2023 in connection with Crime No.791/2023
registered with Washim Police Station for the offences
punishable under Sections 307, 294, 114 r/w Section 34
of the Indian Penal Code.
2. The accusation against the present applicants
is on the basis of report lodged by Rahul Mohan Bamman
on an allegation that on 23/10/2023 at 9.30 p.m.,
celebration of Durga Devi Festival was going on. The
informant had been there along with his cousins Mayur
Kanoje, Haribhau @ Prashant Gaju Mane and others. At
the relevant time, present applicant No.2 - Yash Vijay @
Purushottam Beriya asked him about the contribution of
Rs.1,000/- and thereafter, there was hot exchange of
words between them. As per the allegation, the co-accused
who is mother of the present applicants handed over the
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weapon to them and present applicants Yash Vijay @
Purushottam Beriya, Vijay @ Purushottam Mithulal Beriya
and Akshay @ Raj Vijay @ Puruthottam Beriya assaulted
Mayur Kanoje and other prosecution witnesses. On the
basis of said report, police have registered the crime
against the present applicants.
3. Shri Chande, learned counsel for the
applicants submitted that the cross complaints are filed by
both the parties against each other. As far as injuries
sustained by the injured namely; Vir Kanoje, Mayur
Kanoje and Haribhau Mane are concerned which are in
the nature of lacerated wound and simple injuries. Within
one day, they are discharged from the hospital. Now,
investigation is completed and charge sheet is filed. All the
injured were under the influence of alcohol, considering
that the injuries sustained are not life threatening injuries
and there is no apprehension of death. The investigation is
completed and the charge sheet is filed. Further
incarceration of the present applicants is not required.
They be released on bail.
4. Learned APP strongly opposed the application
on the ground that due to trivial reasons, there was hot
exchange of words between the applicants and the
injured. The applicants used dangerous weapon and
caused injuries to the injured persons who are 3 in
numbers. Considering the prima facie case against the
present applicants, application deserves to be rejected.
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5. After hearing learned counsel for the
applicants and learned APP for the State, perused the
investigation papers. Admittedly, the incident occurred for
the trivial reasons on account of paying of contribution
and invited for the dinner during Durga Puja Festival. The
injury certificate shows that all the injuries which are in
the nature of laceration and within one day, they are
discharged from the hospital. Thus, there was no threat or
apprehension of death due to the injuries. Now,
investigation is completed and charge sheet is filed.
Further incarceration of the present applicants is not
required. In view of that, application deserves to be
allowed by imposing certain conditions. Accordingly, I
proceed to pass the following order :-
ORDER
i] The application is allowed. ii] The Applicant Nos. 1] Vijay @ Purushottam Mithulal
Beriya, 2] Yash Vijay @ Purushottam Beriya and 3] Akshay @ Raj Vijay @ Purushottam Beriya, be released on bail in connection with Crime No.791/2023 registered with Washim Police Station for the offence punishable under Sections 307, 294, 114 r/w Section 34 of the Indian Penal Code, on executing P. R. Bond of Rs.25,000/- each with one solvent surety of the like amount.
iii] The applicants shall not induce, threat or promise to any witnesses, who are acquainted with the facts of the present case in any manner.
4 42-BA-53-24.odt iv] The contravention of any of the conditions imposed would lead to the cancellation of bail of the present applicants.
6. The application is disposed of.
[URMILA JOSHI-PHALKE, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 02/03/2024 14:39:54