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2022 Supreme(Bom) 1518

MILIND N.JADHAV
Ghanshyam Dinesh Gupta – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
Umesh R. Mankapure, Advocate, Rutuja Ambekar, Advocate

JUDGMENT

Milind N. Jadhav, J. - The present Criminal Bail application is filed for seeking bail under the provisions of Section 439 of the Code of Criminal Procedure ( for short "Cr.P.C.") by the applicant (accused No.4 in the FIR) in C.R. No. 01/2022 registered with the M.R.a. Marg Police Station, Mumbai for the offences punishable under s. 307, 504, 506(ii) r/w s. 34 of the Indian Penal Code ( for short "IPC").

2. according to the prosecution in the intervening night of 31.12.2021 and 01.01.2022 the incident took place. The FIR alleges that :-

    (i) The complainant - first informant Suresh Rama Sitapure a contractor went to the area near H.D.F.C. Bank, Hornimon Circle, Next to Starbucks for collecting construction debris along with his labourers and truck at about 4.45 a.m.;

    (ii) that when he was supervising the lifting of debris into the truck he was approached by two persons who started abusing him; these two persons further called two other persons and all four of them without any reason assaulted the complainant with a bamboo stick resulting in injuries on his body;

    (iii) that thereafter the complainant approached M.R.a. Marg Police Station and lodged the report. Crime was registere

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