70-2396-2021 &502-2346-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 2396 OF 2021

Navnath Vishnu Waghmode

...Applicant

Versus

The State of Maharashtra

...Respondent

WITH

ANTICIPATORY BAIL APPLICATION NO. 2346 OF 2021

1. Tukaram Vishnu Waghmode

2. Dnyaneshwar Vishnu Waghmode

...Applicants

Versus

The State of Maharashtra

...Respondent

Mr. Sanjeev Kadam a/w Prashant Raul a/w Nikhil Patil i/b

Prabhakar Jadhav for the Applicants in both ABA.

Mr. A.A. Palkar, A.P.P for the Respondent–State in ABA No. 2396 of

2021.

Ms. P.P. Shinde, A.P.P for the Respondent–State in ABA No. 2346 of

2021.

CORAM : REVATI MOHITE DERE, J.

DATE : 4

th OCTOBER,2021

P. C. :

1.

ABA No. 2346 of 2021 which was not on board was

taken on board and heard alongwith ABA No. 2396 of 2021.

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2.

Heard learned counsel for the parties.

3.

By these applications, the applicants seek pre-arrest

bail in connection with C.R. No. 492 of 2021 registered with the

Malshiras Police Station, Solapur, for the alleged offences

punishable under Sections 307, 326, 324, 143, 147, 148, 120(B)

read with Section 149 of the Indian Penal Code.

4.

Learned Counsel for the applicants submits that the

dispute between the parties was with respect to the land. He

submits that with respect to the incident dated 25^th August 2021,

one of the applicant Dnyaneshwar Vishnu Waghmode has lodged

a cross FIR which was registered vide C.R. No. 493 of 2021, with

the very same police station for the offences punishable under

Sections 307, 326, 324, 323, 504, 506, 143, 147, 148, 120(B) read

with Section 149 of the Indian Penal Code. He submits that the

complainant in the present C.R. i.e. Rohan Bandgar has sustained

an incised wound on his left palm (grevious injury) and that in the

cross FIR lodged by the applicant-Dnyaneshwar Vishnu

Waghmode, all the applicants have sustained some injury or the

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other, including a grievous injury.

5.

Learned APP has tendered the injury certificates of the

injured in the present C.R. and in the cross FIR i.e. C.R. No. 493 of

2021. The injuries sustained by the injured in the cross FIR are as

under:-

The injury certificate of Savita Dnyaneshwar Waghmode shows

that she has sustained a haematoma on the left parietal region, a

contusion on the right hand and an abrasion on the left hand. All

the said injuries are stated to be simple injuries. The injury

certificate of the applicant Tukaram Vishnu Waghmode shows that

he has sustained a fracture on the left 5^th metacarpal and

haematoma on the back. One injury is stated to be grievous and

the other simple. The applicant- Dnyaneshwar Vishnu Waghmode

has also sustained two injuries i.e. a C.L.W. on vertex and

contusion on the back. Both injuries are stated to be simple

injuries. The applicant - Navnath has sustained three injuries i.e.

a C.L.W. over the occipital region, a contusion on the left shoulder

and a haematoma on the left forearm. All injuries are stated to be

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simple injuries.

6.

It appears that there are FIRs with respect to the

incident dated 25^th August 2021 lodged by both the sides. The

complainant- Dnyaneshwar Vishnu Waghmode in C.R. No. 493 of

2021 and four others have sustained injuries whereas, in the

present C.R. i.e. C.R. No. 492 of 2021, the complainant- Rohan

Bandgar has sustained one grevious injury. Having regard to the

manner in which the incident has taken place, and in the facts,

custodial interrogation of the applicants is not warranted.

Accordingly, both the applications are allowed and the applicants

are granted pre-arrest bail in the following terms and conditions.

ORDER

(i)

In the event of the arrest, the applicants be

enlarged on bail on executing P.R. Bond in the

sum