1 BA-1339-2020.doc

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

BAIL APPLICATION NO. 1339 OF 2020

Krushna @ Bajya Satish Sabale

… Applicant

Versus

The State of Maharashtra

… Respondent

....

Mr. S. R. Wakale, Advocate for the applicant

Mrs. V. N. Patil – Jadhav, APP for respondent - State

.…

CORAM :R. G. AVACHAT, J.

(Vacation Court)

DATED : 13^th NOVEMBER, 2020

PER COURT :

.

This is an application for bail under Section 439 of the

Code of Criminal Procedure. The applicant has been arrested in

connection with Crime No.243 of 2020, registered at Belwandi

Police Station, Taluka Shrigonda, District Ahmednagar, for the

offences punishable under Sections 307, 325, 324, 323, 504, 506,

143, 147, 148, 149, 188, 269, 270 of the Indian Penal Code and

under Section 2 of Epidemic Diseases Act, 1897.

2.

Heard. Perused the First Information Report (FIR) and

related papers.

1 of 3

2 BA-1339-2020.doc

The FIR has been lodged on 22.07.2020. It is alleged

that the informant Abasaheb along with his father and cousin, were

present near old High School at the village Koregaon (Chikhali). It

was about 12.45 p.m., Dnyaneshwar Kolhe (Accused No.1) and six

others including the applicant, came in a car. They were armed with

iron rod and wooden sticks. Co-accused Dnyaneshwar asked the

informant, not to make politics, “I will eliminate you now”. Then, he

and another co-accused Pramod assaulted the informant with iron

rod and wooden stick, respectively. The father of the informant and

cousin were assaulted by the applicant and co-accused Satish with

iron rod and stick, respectively. The trio suffered serious injuries.

The informant was rushed to the hospital, wherein, the FIR came to

be recorded.

3.

Learned APP would submit that the offence is serious

one and the applicant therefore does not deserve bail.

4.

The applicant is alleged to have assaulted with a stick.

His victim suffered injury on hand and leg. The injury certificate on

record indicates the injured to have suffered simple injuries. It is

thus an offence punishable under Section 324 red with 34 of the

Indian Penal Code. Similarly placed co-accused have been granted

2 of 3

3 BA-1339-2020.doc

bail. Investigation of the crime is over. The applicant is behind the

bars since 23.07.2020. In this pandemic situation, trial is not likely

to be commenced in near future and taken to its logical conclusion. I

am, therefore, inclined to grant the applicant, bail. Hence, following

order:

O R D E R

(i)

The application is allowed.

(ii)

The applicant be released on bail in connection with

Crime No.243 of 2020, registered at Belwandi

Police Station, Taluka Shrigonda, District

Ahmednagar, for the offences punishable under

Sections 307, 325, 324, 323, 504, 506, 143, 147,

148, 149, 188, 269, 270 of the Indian Penal Code

and under Section 2 of Epidemic Diseases Act, 1897,

on executing P. R. Bond in the sum of Rs.15,000/-

(Rupees Fifteen Thousand Only) with surety in the

like amount.

(iii)

The applicant shall not tamper with the prosecution

evidence.

[ R. G. AVACHAT, J. ]

SMS

3 of 3