Bombay High Court
Jaishri Nilkanth Ghuge vs State Of Mah. Thr. Pso Ps Malegaon on 8 January, 2021
Author: Swapna Joshi
Bench: Swapna Joshi
1/4 19.Appp.29.2021 in aba.770.2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APPP) NO. 29 OF 2021
IN
CRIMINAL APPLICATION (ABA) NO. 770 OF 2020
(Sau. Jaishri Nilkanth Ghuge & Ors. V/s The State of Maharashtra)
Office Notes, Office Court's or Judge's orders
Memoranda of Coram,
Appearances, court's
orders or directions and
Prothonotary's orders
Mr. S. V. Sirpurkar, Advocate for Applicants in
ABA No.770 of 2020.
Mr. A. M. Kadukar, APP for Non-applicant/State.
Mr. Nikhil Gaikwad, Advocate for Intervener/
Complainant.
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CORAM : MRS. SWAPNA JOSHI, J.
DATE : JANUARY 8, 2021.
. By this Application, Complainant/Intervener seeks
permission to assist the prosecution in the present Application.
2. For the reasons stated in the Application and in the interest of justice, Application is allowed in terms of prayer clause therein.
3. Criminal Application stands disposed of accordingly.
::: Uploaded on - 09/01/2021 ::: Downloaded on - 07/02/2021 05:13:19 :::2/4 19.Appp.29.2021 in aba.770.2020.odt CRIMINAL APPLICATION (ABA) NO. 770 OF 2020 . By this Application, Applicants are seeking pre-arrest bail in Crime No. 488/2020 registered with Police Station, Malegaon, District Washim for the offence punishable under Sections 324, 323, 307, 504, 506, 294, 143, 147, 148 and 149 of Indian Penal Code.
2. Initially, the Applicants have filed application for pre- arrest bail in the aforesaid crime before the Additional Sessions Judge, Washim. However, the learned trial Judge has dismissed the said application vide order dated 15/12/2020. Hence, the present Application is filed before this Court.
3. Prosecution case in brief is that, the Applicants herein and the Informant - Shyam Ghuge are neighbourers. Frequently a quarrel used to take place between two families in respect of a lane which is passing through the houses of both the families. It is alleged that on 15/1/2020 the Applicants have hurled abuses on the family members of the Informant. The other accused persons then assaulted the Informant and his mother by means of axe and iron pipe and caused injury to them.
4. Mr. Sirpurkar, the learned Counsel for Applicants vehemently argued that so far as the present Applicants are ::: Uploaded on - 09/01/2021 ::: Downloaded on - 07/02/2021 05:13:19 ::: 3/4 19.Appp.29.2021 in aba.770.2020.odt concerned, no doubt the allegations are made against the Applicants that they have hurled abuses to the Informant, however, they have not used any weapon as such or taken part in assault to the Informant and his family members. Thus, there is no direct involvement of the Applicants in the alleged crime.
5. Per contra, Mr. Kadukar, the learned APP opposed the present Application. Mr. Gaikwad, the learned Counsel for Complainant/Intervener vehemently opposed the present Application.
6. Considered rival contentions.
7. After perusal of the Application and hearing both the sides, it reveals that the allegations against the Applicants are that they have hurled abuses to the Informant. The reply filed by the State indicates that the statement of the witnesses have been recorded and the medical certificates of the injured persons have been collected. Hence, in my considered opinion, the custodial interrogation of the Applicants herein is not required as such and they can be released on bail by imposing stringent conditions as follows.
(i) The interim order passed by this Court on 21st December 2020 in concern with the Applicants is hereby confirmed.::: Uploaded on - 09/01/2021 ::: Downloaded on - 07/02/2021 05:13:19 :::
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(ii) The Applicants shall attend the concerned police station as and when required.
(iii) The Applicants shall not indulge in similar type of offence in future. If they are found indulging in similar type of offence, the pre-arrest bail granted in favour of the Applicants would be cancelled automatically.
8. With these directions, Criminal Application stands disposed of.
(MRS. SWAPNA JOSHI, J.) Yadav VG ::: Uploaded on - 09/01/2021 ::: Downloaded on - 07/02/2021 05:13:19 :::