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925 ABA 1130-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

925 ANTICIPATORY BAIL APPLICATION NO.1130 OF 2021

Ravindra @ Ravi onkar Patil

...Applicant.

VERSUS

The State of Maharashtra

...Respondent.

…

Mr. Amol S. Sawant , Counsel for the applicant

Mr. N.T.Bhagat, APP for the respondent-State

…

CORAM : PRAKASH D. NAIK, J.

DATE : 22^nd OCTOBER, 2021

PER COURT:

1]

The applicant is seeking anticipatory bail in connection with

Crime No.0126 of 2021 registered at Shindakheda Police Station,

Tq.Sindhkheda Dist.Dhule for the offences punishable under Sections

326, 504 and 506 read with Section 34 of Indian Penal Code (for

short, ‘

IPC’

). The First Information Report (for short, '

FIR'

) was

registered on 19^th August, 2021. Subsequently, Section 307 of IPC has

been invoked.

2]

The case of the complainant is that he knows the applicant and

his son Hemant Patil. On 17-08-2021, while the complainant and his

son'

s brother and his sons were in the courtyard, the co-accused

Hemkant had abused and intimidated Yogendra. Thereafter, Yogendra

was again abused. He was accompanied by the applicant. Hemkant

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was armed with axe and he assaulted Yogendra on his head and hand.

As a result of blow by weapon, Yogendra fell down and he sustained

bleeding injury. The accused managed to flee away from the place of

the offence. In pursuance to that, the FIR has been registered.

3]

The applicant preferred application for anticipatory bail before

the Sessions Court, which has been rejected by order dated 1^st

September, 2021.

4]

The learned Counsel for the applicant urged that on account of

animosity the applicant is falsely implicated in this case. No overt act is

attributed to the applicant. The role of assault was attributed to the

son of the applicant, who has been arrested and he is in custody. The

co-accused (son of the applicant Hemkant) had also sustained injury in

the nature of fracture and CLW. Reliance is placed on the copy of the

injury certificate of Hemkant. The FIR is registered by the wife of the

applicant against Yogendra and others, alleging that the son of the

applicant Hemkant was assaulted and he had sustained injury.

5]

Learned APP submitted that the applicant was present at the

scene of offence. The assault was inflicted in connivance by both the

accused. Considering the nature of injury sustained by the injured

Yogendra, the offence has been altered to Section 307 of IPC.

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6]

Learned Counsel for the complainant submitted that the

presence of the applicant at the scene of offence has been established.

The act of assault is committed in furtherance of common intention.

The applicant has participated in the offence. The FIR has been

lodged from the applicant’s side. The injured Yogendra had sustained

serious injuries, which appears from certificate, which has been

annexed to the application preferred by the complainant. He also

relied on the photographs indicating the nature of injury sustained by

the injured. He further submitted that the other son of the applicant is

indulging in threatening the complainant and others. Complaints in

that regard are forwarded to the police station on 12.10.2021 and

13.10.2021. Hence, this application may be rejected.

7]

From the tenor of the FIR and the investigation papers, it is

apparent that as alleged, the FIR has been registered for the offence

punishable under Sections 326, 504 and 506 of IPC subsequently, it

has been converted into under Section 307 of IPC.

8]

Although, the applicant was present at the place of the incident,

the role of assault has been attributed to Hemkant. He was allegedly

armed with the weapon. Hemkant has been arrested and he is in

custody. It is also relevant to note that cross complaint has been

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registered from the applicant'

s side. The injury certificate relied upon

by the applicant indicates that even Hemkant had sustained in