SUJEET SUNIL NALAWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending arrest in connection with C.R.No.229 of 2023 registered with Wakad police station, Pune for offences punishable under Ss. 307, 326, 324 r/w 34 of the Indian Penal Code , 1860 (for short ' IPC '), the applicant is seeking relief of pre-arrest bail under Sec. 438 of the Code of Criminal Procedure, 1973 (for short ' Cr.P.C .').

(2.) According to prosecution, on 4/3/2023 at about 9:15am, the informant Abhishekh Houserao Batate was going from Tapkir Square, Kalewadi to his house as a pedestrian at the time of crossing Shiloh Church Lane, accused had thrown a water balloon on the informant on his backside. Therefore, the informant asked the accused as to who had thrown the said balloon on him. Thereupon, the applicant/accused and co-accused started to beat the informant by kicks and fists blows. Therefore, the informant shouted. Father of the informant was present in the house of his maternal uncle by name Nitin Pawar. He came to save the informant. The co-accused Shankar Murud assaulted father of informant by koyata (chopper). The informant went to save his father, at that time, he had also assaulted by co-accused Shankar Murud by koyata. The informant and his father were seriously injured. The informant sustained injuries upon his left wrist. The informant lodged the report of this incident.

(3.) The applicant, therefore, filed application under Sec. 438 of Cr.P.C. before learned Sessions Judge which came to be rejected by order dtd. 1/7/2023. Aggrieved thereby, the applicant has filed the present anticipatory bail application.