Bombay High Court
Mansing S/O. Tulshidas More vs The State Of Maharashtra on 5 October, 2018
Author: V. K. Jadhav
Bench: V. K. Jadhav
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO. 999 OF 2018
MANSING S/O. TULSHIDAS MORE
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. Salunke Mayur V.
APP for Respondent/State: Mr. B.V. Virdhe
Advocate for Complainant : Ms. Fatema Kazi
...
CORAM : V. K. JADHAV, J.
DATED : 5th October, 2018
PER COURT:-
1. The applicant is seeking pre-arrest bail in connection
with crime no.127 of 2018 registered with Pathri Police
Station, District Parbhani, for the offences punishable under
Sections 307, 324, 323, 327, 336, 504, 506, 143, 147, 148,
149 of IPC and Section 4/25 of Indian Arms Act, 1959. His
application with similar prayer bearing Criminal
Miscellaneous (Bail) Application No.251 of 2018 came to be
rejected by the Additional Sessions Judge, Parbhani vide
order dated 19.06.2018.
2. Learned counsel for the complainant has
tendered across the bar an affidavit of the informant i.e.
Iftakar @ Chotu Mohiyodding Qadri. The affidavit of
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informant is taken on record.
3. Learned counsel for the applicant submits that the
informant and the applicant are the neighbours and the
incident as alleged in the complaint has taken place due to
some trifling reasons. Learned counsel submits that in
respect of the incident that has occurred on the same date,
time and place, co-accused Ranjit More has lodged the
complaint against the informant and others for having
committed an offence punishable under Sections 307, 324,
323, 327, 336, 504, 506, 143, 147, 148 and 149 of IPC. On
the basis of his complaint, crime no. 126 of 2018 came to be
registered in the same police station. Learned counsel
submits that the said crime is earlier in time and in order to
counter-blast the said crime, the present complaint came to
be lodged. Learned counsel submits that apart from this, due
to intervention of elderly people and since the applicant and
informant are neighbours, parties have arrived at amicable
settlement and even the complainant has filed his affidavit
before this court. The antecedents of the applicant is clear.
He may be released on anticipatory bail.
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4. The learned APP has strongly resisted the application
on the ground that the applicant has used axe in the assault
and caused injury on the left eye of the witness Maqsood
Qadri. Even though the incident has taken place on trifling
reasons, the applicant and the co-accused have used the
dangerous weapons in the assault and as such, he is not
entitled to be released on anticipatory bail. The custodial
interrogation of the applicant is required for recovery of the
weapons used in the assault.
5. It appears that the applicant and informant are
neighbours and due to some trifling reasons, in respect of
the incident occurred on the same date, time and place, the
co-accused - Ranjit More has also lodged the complaint
which is earlier in time in the same police station against the
informant and others for having committed an offence
punishable under Sections 307, 324, 323, 327, 336, 504,
506, 143, 147, 148 and 149 of IPC and the crime no.126 of
2018 came to be registered on the basis of this complaint.
The said crime is earlier in time. Apart from this, on perusal
of the investigation papers, it appears that witness -
Maqsood Qadri has sustained simple injury on his left eye.
Furthermore, parties have arrived at amicable settlement
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due to intervention of elderly people of that area and also
for the reason that they are neighbours, I am inclined to
grant anticipatory bail to the applicant. Hence, the following
order :
ORDER
I. The application is hereby allowed.
II. In the event of arrest of the applicant -
MANSING S/O. TULSHIDAS MORE in connection with crime no.127 of 2018 registered with Pathri Police Station, District Parbhani, for the offences punishable under Sections 307, 324, 323, 327, 336, 504, 506, 143, 147, 148, 149 of IPC and Section 4/25 of Indian Arms Act, 1959, he be released on bail on his furnishing P.B. of Rs.5000/- (Rupees Five Thousand) with one surety of the like amount, on the following conditions;
a. The applicant shall not tamper with the prosecution evidence, in any manner.
b. The applicant shall make himself available as and when required by the Investigating Officer.
III. The application is accordingly disposed of.
( V. K. JADHAV, J.) ....
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