ABA/2033/2024 of MAYUR ANIL SATPUTE Vs THE STATE OF MAHARASHTRA AND ANOTHER on 24 December 2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,BENCH AT AURANGABAD.

ANTICIPATORY BAIL APPLICATION NO. 2031 OF 2024

BHUSHAN HARI CHAUGULE VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER WITH

ANTICIPATORY BAIL APPLICATION NO. 2033 OF 2024

MAYUR ANIL SATPUTE VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

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Advocate for the applicants : Mr. Tapan K. Sant APP for respondent/State : Mrs.M.S. Ghanekar

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CORAM : ROHIT W. JOSHI, J.

(VACATION COURT)

DATED : 24[th] DECEMBER, 2024.

PER COURT :-

1.Both these anticipatory bail applications arise out of offence registered with Amalner Police Station, Dist. Jalgaon on 18.02.2024vide F.I.R. No.61/2024 for the offence punishable under Sections 307,323, 143, 147, 148, 109, 504, 506, 336 and 149 of the Indian PenalCode.

2.At the outset, I would like to quote the order dated19.12.2024, which reads as under :- “1.Learned APP seeks time as papers are not received.

2.Stand over to 21.01.2025.

3.Liberty to move before Vacation Court.”

3.Initially, this Court was not inclined to take these mattersduring vacation, however, learned counsel for the applicants made astatement that when matters were listed on 19.12.2024, it could not beheard only because the police papers were not available with thelearned APP. He submits that it is only this the liberty to mention thematters before Vacation Court is granted. The learned APP hasconfirms the statement in all fairness. It is in this backdrop that thematters are taken up for hearing with the consent of the parties.

4.The learned counsel for the applicants submits that theessential ingredients of Section 307 which is main section under whichthe applicants are charged are not attracted. He draws my attention tothe injury certificates at pages 97 and 106 in the charge-sheet. Perusalof the injury certificate at page 106 demonstrates that he has sufferedblunt trauma on the occipital region of head, contused laceratedwounds over parietal region of head, blunt trauma over back, swellingand pain over right leg and blunt trauma below left eye and cause ofinjury is stated to be assault with hard blunt object. In view of the injurycertificate, he submits that the offence under Section 307 of the IPCitself is not made out. He further submits that the charge-sheet is already filed in the matter and the custody of the applicants is notrequired in as much as investigation is over.

5.The learned APP has strenuously opposed theapplications. She submits that the contents of the FIR clearly revealthat an iron rod was used for assaulting the informant by Bhushan, theapplicant in ABA No.2031/2024 and Mayur, the applicant in ABANo.2033/2024 has used a fighter in order to inflict serious injuries onthe body of the informant. Referring to the injury certificate, she wouldsubmit that multiple injuries have been suffered by the informant,particularly on the head which could, in a given case, prove fatal. Shesubmits that the offence is serious in nature and as such applicationsshould be rejected.

6.I have perused the papers including the contents of theFIR and injury certificates and other documents with able assistance ofthe learned counsels.

7.Although, it is alleged that the injury on the parietal regionof the head is caused by iron rod, medical certificates would suggestthat it is likely to be caused by wooden stick. No particular injury hasbeen co-related by any medical certificate to the weapon, “fighter”.

8.It is undisputed that nature of injuries is mentioned assimple. The incident has occurred way back in February, 2024. Thelearned counsel for the applicants makes a statement that both theapplicants do not have any criminal antecedents. The learned APP isnot in a position to dispute the same. Having regard to the totality ofthe circumstances and most importantly the nature of injuries, I aminclined to allow the applications. Hence, the following order :-