Vikas Tukarm Jadhav And ANR v. The State Of Maharashtra

Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3202 OF 2018 Vikas Tukaram Jadhav & Anr.

..Applicants Vs The State of Maharashtra ..Respondent ­­­­­ Mr. Vishal Kolekar for applicant.

Mr. Amit Palkar, APP for State.

­­­­­­ CORAM : A.S.GADKARI, J.

DATE : 22nd December 2018.

P.C.:

1] This is an application under Section 439 of Cr. P.C. for bail in CR No. 502 of 2018 dated 12.11.2018 registered with Satara Taluka Police Station, District Satara, under Sections 307, 427 read with 34 of Indian Penal Code.

2] Heard the learned Counsel for the applicant and the learned APP. Perused the record of investigation.

3] The first information report is lodged by Shri Ramdas Jadhav. It is the prosecution cases that, due to earlier enmity between the applicants and the informant, on 11.11.2018 at about 8.30 a.m., when the informant 1/3

was proceeding from his motorcycle, on the boundary of village Pagare the applicants accosted him and assaulted him with wooden log. It is alleged that, the applicant No.2 Tejas Jadhav pressed the neck of the informant and tried to commit his murder. During the course of investigation, the applicants came be arrested on 3.11.2018.

4] The record of investigation indicates that, the medical certificate issued in favour of the informant mentions that, there were multiple abrasions over his right forearm and it is opined by the Medical Officer that, the same is possible by hard and blunt object. The wooden log used in the crime has been recovered by the police.

5] In view of the injury certificate issued by the Medical Officer, District Hospital, Satara, prima facie it appears that, the application of section 307 of Indian Penal Code to the present crime is misplaced. The investigation of the present is on the verge of completion and no purpose will be served by further keeping the applicant in incarceration. 6] In view thereof, the applicants can be released on bail. Hence the following Order:­ i] Applicants be released on bail in CR No. 502 of 2018 registered with Satara Taluka Police Station, District Satara, on their furnishing PR 2/3

bond of Rs.15,000/­ each with one or two separate local sureties in the like amount.

ii] After their release from jail, the Applicants shall attend Satara Taluka Police Station, on every alternate Monday between 10.00 a.m and 1.00 p.m till submission of final report. After filing of chargesheet, the applicants shall attend the said police station on every 1st Monday of the month between 10.00 a.m and 1.00 p.m till conclusion of trial. iii] Applicants shall also attend all the dates before the Trial Court unless precluded for medical reasons.

7] Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 3/3