Nitin Maruti Talbhandare vs The State Of Maharashtra on 25 April, 2019

[Cites 15, Cited by 0]

Bombay High Court

Nitin Maruti Talbhandare vs The State Of Maharashtra on 25 April, 2019

Bench: P.N. Deshmukh

901.ABA.999.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 999 OF 2019

Nitin Maruti Talbhandare ... Applicant
Versus
The State of Maharashtra ... Respondent

Mr. Ujwal Agandsurve for the Applicant.
Mr. Prashant Jadhav, A.P.P. for the Respondent - State.
Mr. Y.R. Kedge, P.I. Jodbhavi Peth Police Station, Solapur, present.

CORAM : P.N. DESHMUKH, J.
DATED : 25th APRIL, 2019.

P.C. :

1 Issue notice. Learned A.P.P. waives service of notice for

respondent-State. Perused the case diary.

2 Report lodged by Suraj Gaikwad implicates as many as 55

accused since name therein and 10 unknown accused alleging that on

04.12.2018 all the accused committed assault on complainant as well as to

Anand Gaikwad and his mother. Though name of applicant is mentioned

in the report at Serial No.15, only allegations against him is of assault by

fist blows and kick blows and pelting of stones. While specific role is

attributed to co-accused Nagesh Kamble to have assaulted by sword on the

head of Anand Gaikwad, by co-accused Santosh Talbhandare and Suresh

Waghmare 1/3

::: Uploaded on - 26/04/2019 ::: Downloaded on - 27/04/2019 01:48:09 :::
901.ABA.999.19.doc

by iron rod on the head of complainant and on his upper limb, shoulder

and by co-accused Rohit Talbhandare on her head by iron rod. Learned

A.P.P., on instructions, makes a statement that other injured Pramod

Bansode and Raj Kamble had sustained abrasions and no injury sustained

by Manoj Gaikwad.

3 In view of role assigned to applicant as aforesaid and out of 64

accused persons, since 40 including those who are named in F.I.R., are

granted anticipatory bail by learned trial Court and as admittedly 9 are

granted regular bail, applicant is directed to be protected by interim orders

though prosecution opposed this application on the ground for custody to

seize his blood stains clothes which part of investigation can be carried out

by imposing conditions as per order below :

ORDER

(i) In the event of arrest of applicant in C.R. No.748 of 2018 registered with Jodbhavi Peth Police Station, Solapur for the offences punishable under Sections 307, 397, 326, 324, 323, 336, 143, 147, 148, 149, 109 of I.P.C. and Section 4/25 of Indian Arms Act and Section 135 of Bombay Police Act and Section 7 of the Criminal Law Amendment Act, he shall be released on bail on his executing P.R. Bond in the sum of Rs.15,000/- with one surety in the like amount;

Waghmare 2/3 ::: Uploaded on - 26/04/2019 ::: Downloaded on - 27/04/2019 01:48:09 :::

901.ABA.999.19.doc

(ii) Applicant shall attend Investigating Officer from 02.05.2019 for a period of one week between 10.00 a.m. to 2.00 p.m. and thereafter as and when called till the adjourned date.

Stand over to 20.06.2019.

(P.N. DESHMUKH, J.) Waghmare 3/3 ::: Uploaded on - 26/04/2019 ::: Downloaded on - 27/04/2019 01:48:09 :::

Unlock Advanced Research with PRISMAI

Bombay High Court