FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2029 OF 2011 “Kishor Rambhau Garde Vs. The State of Maharashtra and others” Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's Orders COURT'S OR JUDGE'S ORDERS 1 Mr. C.R. Deshpande, Advocate for the applicant. Mr. S.G. Nandedkar, APP for respondents. --- CORAM : T.V. NALAWADE,J. DATE : 31st May, 2011 1] This application is filed by the applicant for grant of anticipatory bail in crime No. 86 of 2011, registered with Dhule Taluka police station, District Dhule for the offence punishable under Sections 324, 323,504 and 506 r/w. 34 of the IPC. Learned APP has appeared and has produced the papers of investigation. Heard both sides. 2] The incident took place on 22nd March, 2011 after 7.30 p.m. Both the sides have filed reports against each other. On the basis of the report filed by the applicant, Crime No. 85/2011 is registered against the persons from other side for the offence under Sections 307, 143, 144, 147, 148 and 149 of IPC. The present applicant has made allegations that one Anil Parkhe, accused from other side started a quarrel on that day and he assaulted the present applicant with a knife. It is alleged that assault was also made on Kailash , the brother of the applicant. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2029 OF 2011 “Kishor Rambhau Garde Vs. The State of Maharashtra and others” Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's Orders COURT'S OR JUDGE'S ORDERS 2 Record of the case shows that the present applicant had sustained stab injury. His brother Kailash also sustained serious injuries, for which surgery was also performed on him. The present applicant was discharged from the hospital on 5/4/2011. 3] It was submitted that the report in respect of the incident was lodged by the applicant first and only to counterblast the said report, a report against the applicant was given by the other side. It was submitted that there is no need of custodial interrogation of the applicant by the police, since more than two months have passed since the date of the incident. 4] The record produced by the learned APP shows that during the course of investigation, police have recovered the knife, which was allegedly used by the present applicant. Learned APP submits that the evidence of the eye witnesses is against the applicant and the police may need to interrogate the present applicant after taking him in custody. 5] Record produced by the APP shows that the investigation is almost complete, including the recovery of weapon allegedly used by the applicant. The incident took place about two months back. The applicant was taking treatment in FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2029 OF 2011 “Kishor Rambhau Garde Vs. The State of Maharashtra and others” Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's Orders COURT'S OR JUDGE'S ORDERS 3 view of the injury sustained by him in the same incident. The allegations made by the applicant are that he gave a blow of knife on the back side of the complainant. The injury certificate shows that there was a stab injury on posterior axillary line region on left hand side of 3 x 3 cm. The doctor has described this injury as grievous injury. It appears that there was bleeding and also intercostal drainage. Looking to this certificate, an offence punishable under section 326 is added to the original crime, which is registered under Section 324 of IPC. 6] As there is no need of custodial interrogation, it is a fit case for granting anticipatory bail subject to some conditions. Hence, the following order :- : O R D E R :- [A] The application is allowed. [B] In case of arrest of the applicant in Crime No. 86/2011 registered at Dhule Taluka Police Station for the offences under Sections 326, 323, 504 and 506 of IPC, the applicant be released on his furnishing P.R. Bond of Rs.15,000/- with one or more solvent sureties of the like amount, subject to the following FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2029 OF 2011 “Kishor Rambhau Garde Vs. The State of Maharashtra and others” Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's Orders COURT'S OR JUDGE'S ORDERS 4 conditions :- [i] The applicant shall attend the Dhule Taluka Police Station, on every Sunday and Tuesday between 10.00 a.m. And 12.00 noon, for a period of one month. [ii] The applicant shall not tamper with the prosecution witnesses. [iii] The applicant shall cooperative with the police during the investigation. [T.V. NALAWADE ] VACATION JUDGE. grt/-