SHIVAJI BABAN MISAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is apprehending his arrest in C.R.No.143 of 2020 registered with Indapur Police Station for the offences punishable under Sections 307, 143, 147, 148, 149 and 504 of IPC. The anticipatory bail application preferred by the applicant came to be rejected by the Additional Sessions Judge, Baramati and he has approached this Court.

(2.) The FIR has been registered on a complaint filed by one Dhanaji Tikote. Ten accused persons have been arraigned as accused in the said crime and the applicant is arraigned as accused No.4. As per the complainant, on 21st February, 2020, a procession of Shreenath Devsthan was arranged in the village and all the persons in the village had gathered there. The celebrations were on since 5 p.m. At around 7.30 p.m., when the procession was passing through the village and it reached at around 8.30 p.m. in front of Lord Shiva temple and people in the village were participating by dancing, it is alleged that ten accused persons, which included the present applicant, started assaulting the complainant. It is alleged that the co-accused- Subhash assaulted on his right hand wrist by means of a sword. When his brother Madhav intervened, it is alleged that the present applicant, Yuvraj and Amol assaulted him by means of a stick. Madhav sustained injuries and lost his tooth. Resultantly, he was taken to the Government Hospital, Indapur. It is also alleged that an amount of Rs.20,000/- in his pocket as well as a chain around his neck fell down and it is alleged that somebody has picked up those things.

(3.) On the earlier occasion, I had an opportunity to deal with the application filed by Hemant Satyawan Ban being Anticipatory Bail Application No.592 of 2020, which was decided on 9th September, 2020. The medical certificates of both the injured were looked into. It was noted that injury sustained by both the victims are simple injuries. Considering that no specific role was attributed to Hemant, he came to be released on bail in anticipation of his arrest by the said order.