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2022 Supreme(Bom) 1251

SARANG V.KOTWAL
Lalmani Ramraj Yadav – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
Sushma Mishra, Advocate, P.H.Gaikwad, Advocate

JUDGMENT

1. The Applicant is seeking anticipatory bail in connection with C.R.No.473/2021, dtd. 20/12/2021, registered with Kalwa Police Station, Thane City, under Sec. 326, 323, 506(2) r/w 34 of the Indian Penal Code.

2. Heard Ms.Sushma Mishra, learned counsel for the Applicant and Mr.P. H. Gaikwad, learned APP for the State.

3. The FIR is lodged by one Vinod Vishwanath Dongre. He has stated that on 19/12/2021, in his area the Applicant and his two sons were beating one Chandrakala Lalbahadur Yadav and her son Mithilesh Yadav. The informant tried to intervene to save them. That time, the Applicant's son Surendra gave blow with iron rod on his head. There are allegations that the Applicant gave blow with sharp weapon on arm of Chandrakala. The Applicant's other son Mahendra beat Mithilesh with fist-blows. After that, the informant and the two injured took treatment and this FIR was lodged.

4. Learned counsel for the Applicant submitted that the offence is not serious. Sec. 326 of IPC is unnecessarily applied. There are no grievous injuries. It was a result of quarrel in the neighbourhood and there was no premeditation and intention to cause grievous injury.

5. Learned APP produced t

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