Bombay High Court
Kishor S/O. Sudam Kale vs The State Of Maharashtra on 30 August, 2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO.979 OF 2018
Kishor s/o. Sudam Kale,
Age : 29 years, Occ. Agri.,
r/o. Ramdoh, Tq. Newasa,
Dist. Ahmednagar ..Applicant
Vs.
The State of Maharashtra ..Respondent
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Mr.V.S.Bedre, Advocate for applicant
Mr.A.S.Shinde, APP for respondent
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CORAM : SANGITRAO S. PATIL, J.
DATE : AUGUST 30, 2018 PER COURT Heard the learned Counsel for the applicant and the learned APP for the respondent.
2. The applicant has sought the relief of bail in connection with Crime No.I-463 of 2018 registered in Police Station, Newasa, Dist.Ahmednagar, for the offences punishable under Sections 332, 333 and 353 read with Section 34 of the Indian Penal Code. ::: Uploaded on - 30/08/2018 ::: Downloaded on - 31/08/2018 00:42:17 :::
2 5-BA.979-18
3. It is alleged that Police Naik Modhave, on receiving a secret information that the applicant and one Balkrishna Gadhekar were running a gaming house, arranged for a raid. When the informant, viz.:-
Police Constable Inamdar, and the members of the raiding party went near the house of Balkrishna, they found some persons gaming by the side of that house. On seeing the police, some of the persons who were gaming, ran away. However, the applicant and Balkrishna remained there and threatened the informant and the members of the raiding party, to see as to how they would take action against them. The applicant pushed Police Constable - Galdhar and further pelted stones against him. The accused Balkrishna pelted stones on the person of the informant. Due to that, the informant and P.C. Galdhar sustained injuries.
4. The informant and P.C. Galdhar went to Rural Hospital, where they were examined. The informant then lodged the report against the ::: Uploaded on - 30/08/2018 ::: Downloaded on - 31/08/2018 00:42:17 ::: 3 5-BA.979-18 applicant and Balkrishna, on the basis of which the above-numbered crime came to be registered.
5. The learned Counsel for the applicant submits that there has been unexplained delay of more than twelve hours in lodging the FIR. No grievous hurt has been caused to either the informant or his colleague. A false FIR has been lodged against the applicant. He submits that the applicant is ready to abide by the conditions that may be imposed by the Court, in case the applicant is released on bail. The learned Counsel, therefore, prays that the applicant may be released on bail.
6. The learned APP strongly opposed the application. He submits that the informant and the Police Constable - Galdhar sustained injuries in the incident in question. Their injury certificates have been produced on record. The applicant obstructed the informant and the Police Constable - Galdhar in discharging their official duties. He submits that a ::: Uploaded on - 30/08/2018 ::: Downloaded on - 31/08/2018 00:42:17 ::: 4 5-BA.979-18 strong prima facie case is made out against the applicant. He, therefore, prays that the application may be rejected.
7. The injury certificate of the Police Constable - Galdhar shows that he sustained two simple injuries, while the informant sustained three injuries, out of which two are stated to be simple and the third one as grievous. There is no mention in the injury certificate that the informant sustained any fracture on his left shoulder. There is mention of swelling on his shoulder. However, swelling would not be a grievous hurt under any of the clauses of Section 320 of the Indian Penal Code.
8. There is delay of more than twelve hours in lodging the FIR. The informant is a police personnel. No explanation has been given for the delay in lodging the FIR. The applicant is in jail since 07.08.2018. The investigation is almost complete. ::: Uploaded on - 30/08/2018 ::: Downloaded on - 31/08/2018 00:42:17 :::
5 5-BA.979-18 In the circumstances, I think fit to extend the relief of bail to the applicant, on certain conditions.
9. It is made clear that the above observations are prima facie in nature and shall not influence any other proceedings arising out of the above-numbered crime.
10. In the result, I pass the following order:-
(A) Criminal Application is allowed. (B) The applicant be released in connection with Crime No.I-463 of 2018 registered in Police Station, Newasa, Dist.Ahmednagar, for the offences punishable under Sections 332, 333 and 353 read with Section 34 of the Indian Penal Code, on his executing bail bonds in the sum of Rs.20,000/- (Rupees Twenty Thousand) with one surety in the like amount, on the following conditions :-
(i) that, the applicant shall not pressurise the ::: Uploaded on - 30/08/2018 ::: Downloaded on - 31/08/2018 00:42:17 ::: 6 5-BA.979-18 witnesses or tamper with the prosecution evidence in any manner.
(ii) The applicant shall not indulge in any criminal activity.
(C) Bail bonds shall be furnished before the remand/committal Court.
(D) The application is accordingly disposed of.
[SANGITRAO S. PATIL, J.] kbp ::: Uploaded on - 30/08/2018 ::: Downloaded on - 31/08/2018 00:42:17 :::