SHRIKANT JAYSINGH PHALKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicants are seeking anticipatory bail in connection with C.R. No. 99 of 2014 registered at Pant Nagar Police Station on 16th March, 2014 under sections 342 , 326 , 143 , 144 , 147 , 148 , 149 of the Indian Penal Code and under section 4 r/w 27 of the Arms Act .

(2.) Heard Mr. Amit Munde, learned counsel for the Applicants and Mr. S.H. Yadav, learned APP for the State.

(3.) At the outset, both the learned counsel submit that one Pravin Rokade is already arrested and charge-sheet is filed against him. The FIR is lodged by one Rahul Kadam on 16 th March, 2014. He had stated in the FIR that about 1 and 1/2 years prior to the date of incident, there was fight between the Applicant - Shrikant on one hand and the informant's group on the other. The informant Rahul Kadam was arrested in that case. Since then the Applicants held grudge against the Informant Rahul Kadam. On 16th March, 2014 in the midnight, he heard shouts of his brother Rajesh. The informant came out of his house. He saw that his brother Rajesh was being assaulted by 5 to 7 assailants with hockey sticks, chopper and wooden sticks. He saw that Pravin Rokde, Harish @ Harya, Yogesh Phalke, Bhimrao Gangurde and both the Applicants were assaulting his brother. The FIR mentions that Pravin gave blow with chopper on the informant's forehead. The informant's brother Rajesh suffered serious injuries on his neck, head and back. After assaulting Rajesh, the Applicants and other accused ran away from the spot. Rajesh was taken to the Rajawadi Hospital and on the basis of this, the FIR came to be lodged.