9-aba-75-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

9 ANTICIPATORY BAIL APPLICATION NO.75 OF 2022

PARASRAM AASARAM DESHMUKH

VERSUS

THE STATE OF MAHARASHTRA

...

Advocate for Applicant : Mrs. Kakade(Matkar) Savita Parmeshwar

APP for Respondent – State : Mr. A. M. Phule

...

CORAM

:SMT. VIBHA KANKANWADI, J.

DATE

: 14.03.2022

PER COURT :

.

The applicant is apprehending his arrest in connection with Crime

No.309 of 2021 registered with Paithan Police Station, Dist. Aurangabad

for the offences punishable under Sections 326, 324, 504, 341 read with

Section 34 of Indian Penal Code.

2.

Heard learned Advocate Mrs. Savita Kakade (Matkar) for the

applicant and learned APP Mr. A. M. Phule for the respondent – State.

3.

It has been vehemently submitted on behalf of the applicant that

the applicant is a driver by profession and has been falsely implicated.

The co-accused has been released on regular bail. The weapon allegedly

used by the present applicant has been recovered from the spot itself

and, therefore, there is no question of recovery or discovery at the hands

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of the present applicant. The informant has been discharged and,

therefore, there is no question of aggravation of the offence. The

investigation is complete and charge-sheet is also filed. Therefore, the

applicant deserves to be released on anticipatory bail.

4.

Per contra, the learned APP strongly opposed the application and

submitted that the applicant is absconding. The injury certificate of the

informant shows that he had received grievous hurt and, therefore,

discretionary relief cannot be granted in favour of absconding accused.

5.

Perusal of the FIR would show that it has been lodged by one

Siddheshwar Arjun Girge on 15.09.2021 at about 1.28 a.m. with Paithan

Police Station, Dist. Aurangabad and it is in respect of an incident that

had taken place at about 4.30 p.m. on 14.09.2021. The informant states

that he had received the phone call from his daughter stating that she is

waiting at Naigaon Phata after she had taken admission to the college

and the father should come and pick her up. Informant proceeded on

his motorcycle. He could find accused persons including the present

applicant obstructing the way of the informant and they started asking

as to why he remains as president of Tanta Mukti Samiti. Present

applicant got down from the vehicle of his father and then pick stone

and pelted it towards the informant causing injury below his eye. The

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father of the applicant had then taken one iron rod as well as axe. The

iron rod was given to the present applicant and then present applicant

had assaulted the informant by said iron rod on the head of the

informant. His father had assaulted the informant with axe on his right

hand causing him fracture. He was initially referred to Government

Hospital, Paithan and then he was referred to Ghati Hospital,

Aurangabad. Thereafter, he got himself shifted to Dr. Zargad Hospital,

where his FIR was taken.

6.

The first and the foremost fact is that the charge-sheet has been

filed on 21.01.2022 which shows that the father of the applicant was

arrested on 15.09.2021 and for about 5 days, he was in police custody,

later on now it is stated that he has been released on regular bail. The

criteria for releasing the accused on regular bail is different from the

criteria which is to be applied in anticipatory bail. As regards the

present applicant is concerned, it has been stated that in spite of search,

he could not be found and then it is stated that the charge-sheet has

been filed under Section 299 of the Code of Criminal Procedure against

him. Though Section 299 of Code of Criminal Procedure is only an

enabling Section for the Court to record the evidence in absence of an

accused, who is absconding, the fact that is required to be considered

here is that the police considered present applicant to be absconding.

(