Bombay High Court
Pandit Tukaram Patil vs The State Of Maharashtra on 26 November, 2018
Author: Prakash D. Naik
Bench: Prakash D. Naik
Sknair 38-aba-2407-18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2407 OF 2018
Pandit Tukaram Patil ... Applicant
Vs.
State of Maharashtra ... Respondent
...
Ms. Sushma T. Mishra for the applicant.
Mr. A.R. Kapadnis, APP for the Respondent-State.
...
CORAM : PRAKASH D. NAIK, J.
DATE : 26th NOVEMBER, 2018.
P.C.
1. This is an application for anticipatory bail in connection with
CR No. I-246 of 2018 registered with Hill Line Police Station for
offence punishable under Sections 307, 452, 504, 143, 147, 149 of
Indian Penal Code and section 37(3) and 135 of Maharashtra
Police Act.
2 The case of the prosecution is that the informant lodged his
report to police on 5th October, 2018. It is alleged that Yuvraj Patil
and Pratap Patil gave dash of their scooty to the Alto Car of the
informant. Hearing sound of dash, informant and her husband
came out of the house and they saw that the number plate of the
car was broken and smoke was coming out from the engine of the
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vehicle. The husband of the informant asked the applicant and
Pratap Patil as to why they gave dash to the vehicle. They started
abusing the informant and her husband. Informant's husband
demanded compensation for the damage caused to the car.
Accused abused the informant and her husband and went away.
After some time the applicant and Pratap Patil along with other
persons came at the scene of offence. They were armed with sword
and sticks. They started abusing the informant and her husband.
They threatened the complainant's husband that he would be
killed. Thereafter, all of them dragged the injured out of the house.
Informant's mother-in-law tried to intervene. The accused
assaulted informant's husband by sticks. One of the accused gave a
blow of sword to cause injuries to the informant's husband, but,
mother-in-law came in between and sustained inquiry on her left
hand finger. All the accused had assaulted by sticks to informant's
mother-in-law as a result of which her hand was fractured. At that
time Jagdish Patil and Ashok Patil assaulted with stick to the
informant's husband with intention to kill him. Hence, FIR was
lodged.
3. It is submitted by the learned counsel for the applicant that
on account of enmity, the applicant has been falsely implicated in
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this case. It is submitted that applicant is disabled person which is
evident from the certificate annexed to this application. Certificate
indicate that the applicant is physically handicapped on account of
post polio residual paralysis left limb RPD 60% (Sesctycally). It is
submitted that the First Information Report alleges that the
applicant was armed with the sword and assaulted witness
Changulabai and also assaulted to another witness Darshan by
sword. It is the case of the prosecution is that the applicant was
armed with sword and subsequently he took wooden stick from
the other accused and assaulted the witness Darshan Patil. It is
submitted that injured Changulabai has sustained minor injury to
her finger and Darshan Patil had sustained fracture. Taking into
consideration both the injuries, Section 307 of Indian Penal Code
would not be attracted. It is also pointed out that one of the
accused had sustained contusion lacerated wound, however the
complaint was not registered by the police. It is also submitted
that due to dispute between the families, the applicant has been
falsely implicated in this crime.
4. Learned APP strongly opposed the grant of anticipatory bail.
It is submitted that old lady Changulabai had sustained injury
towards the finger due to assaulted by the sword at the instance of
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the applicant. He further submitted that other witnesses were also
assaulted by the applicant by wooden log. The injuries was
serious. The disability certificate relied upon by the applicant does
not indicate that the applicant was not in a position to move or
commit such act. Investigation is in progress. The case for grant
of anticipatory bail is not made out. Hence, application be
rejected.
5. On perusal of the First Information Report and other
documents, it appears that the cause of incident in respect of dash
given by the son of the applicant to the vehicle of the opponents.
There was quarrel between both the families which has resulted
into assault as referred herein above. Admittedly, the witness
Changulabai had intervened to save her son from being assaulted
and at that time she had sustained blow by sword which has
resulted injury to her finger. The injury sustained by other witness
Darshan Patil would not be sufficient to invoke the charge under
Section 307 of Indian Penal Code. Applicant appears to be
disabled person. It would not be appropriate to scan and
appreciate the evidence at this stage. However, considering the
nature and the circumstances as stated herein above, applicant
need not be subjected to police custody. In the circumstances, the
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case for grant of anticipatory bail is made out.
ORDER
i. Anticipatory bail application is allowed; ii. In the event of arrest of the applicant in connection with C.R. No. I-246 of 2018 registered with Hill-line Police Station, Kalyan, District Thane, he may be released on his furnishing P.R. Bond in the sum of Rs.20,000/- with one or more sureties in the like amount;
iii. Applicant shall report to the Investigating Officer once in a week on Friday between 10 a.m. to 12 noon till filing of the chargesheet;
iv. Applicant shall not tamper with the evidence; v. Anticipatory Bail Application stands disposed off.
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