Bombay High Court
Hiraman Vishwanath Kenche And Another vs The State Of Maharashtra on 6 October, 2022
Author: S. G. Mehare
Bench: S. G. Mehare
908-ABA-1330-22
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO.1330 OF 2022
HIRAMAN VISHWANATH KENCHE AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA
Mr. Bipinchandra K. Patil, Advocate for applicants;
Ms. V. S. Choudhari, A.P.P. for respondent
CORAM : S. G. MEHARE, J.
DATE : 6th October, 2022 P.C.
1. Heard the learned counsel for the applicants.
2. Issue notice to the respondent, returnable on 13.10.2022.
3. The learned APP waives service of notice for the respondent.
4. The learned counsel for the applicants has vehemently argued that the applicants have been falsely implicated in the crime. The complainant and his companion have seriously assaulted applicant No.2 Somnath. He has received injury on his right parietal lobe. After the incident, applicant No.2 Somnath was admitted to hospital for some days. The treating Doctor advised him titanium mesh cranioplasty. However, applicant No.2 Somnath could not bear the expenses for carnioplasty. He took discharge from the hospital at his own risk. Due to the injury sustained to him in the assault, his left side of the body has been paralyzed. The fact is that the complainant ::: Uploaded on - 07/10/2022 ::: Downloaded on - 08/10/2022 14:34:44 ::: 908-ABA-1330-22 (2) and his associates started assaulting applicant No.1 Hiraman; hence, applicant No.2 Somnath went there and he was mercilessly beaten. Both applicants were beaten heavily. Therefore, they were not in a position to resist the assault. To counter blast the report lodged against the complainant and his associates, the false report has been lodged making the allegations that applicant No.1 Hiraman assaulted the first informant with iron rod and applicant No.2 Somnath assaulted him with stick.
5. The learned counsel for the applicants has vehemently argued that initially an offence punishable under Sections 324, 323 read with Section 34 of the Indian Penal Code was registered. The incident happened on 20.05.2022. Both parties have lodged the report with the police station on 23.05.2022. He has vehemently argued that Sections 326 and 307 of the Indian Penal Code have been deliberately added to make the allegations against the applicants serious. Applicant No.2 Somnath is still under treatment, unable to walk due to paralysis and applicant No.1 Hiraman has to look after him. Considering the bad health condition of applicant No.2 Somnath, he needs continuous attendant. The applicant No.1 Hiramn is attending him continuously. If the applicants would be arrested in a false crime, the life of applicant No.2 Somnath may fall in danger. Therefore, interim protection may be granted.
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908-ABA-1330-22 (3)
6. Perused the papers. It seems that applicant No.2 Somnath has suffered the serious injury to skull. He was under treatment, but due to his poor financial condition, he could not do the cranioplasty. Hence, at the risk of his life, he took discharge from the hospital. Why Sections 326 and 307 of the Indian Penal Code have been added, may be examined after receipt of the papers from the Investigating Officer.
7. Considering the papers and submissions made by the learned counsel for the applicants, it seems that health of applicant No.2 Somnath is not good enough to face the custodial interrogation and applicant No.1 Hiraman is looking after him. In view of these facts, if the interim protection is granted, the prosecution would suffer no loss. Hence, the following order :-
In the event of arrest, applicants No. (1) Hiraman s/o. Vishwanath Kenche and (2) Somnath s/o. Vishwanath Kenche, be released on interim bail, on furnishing PB and SB of Rs.15,000/- with one solvent surety of the like amount each, in C.R.No.113 of 2022 registered with Kurunda Police Station, Taluka Vasmath, District Hingoli, for the offences punishable under Sections 326, 324, 323 read with Section 34 of the Indian Penal Code.
(S. G. MEHARE, J.) amj ::: Uploaded on - 07/10/2022 ::: Downloaded on - 08/10/2022 14:34:44 :::