ABHINAV PRANNATH SHARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending arrest in connection with C.R.No.555 of 2023 registered with Hinjewadi police station, Pune for offences punishable under Ss. 307 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, the incident occurred on 25/4/2023 around 13:15 hours after the completion of cricket match, due to incident occurred during cricket match, there was assault by the applicant on the victim. According to prosecution, the applicant assaulted victim by cricket bat on his head. It is alleged that the applicant shouted that he will kill the victim and by using cricket bat he assaulted the victim on left side of head above ear. Even after co-student took bat from the applicant's possession, he was shouting that he will kill the victim. The result of injury was skull fracture. Hence, the report lodged against the applicant. The applicant, therefore, filed application under Sec. 438 of Cr.P.C. before learned Sessions Judge which came to be rejected by order dtd. 6/6/2023. Aggrieved thereby, the applicant has filed the present anticipatory bail application.

(3.) Learned Advocate for the applicant submitted that the applicant is student. There was no intention to kill the informant. Due to death of his grandmother, he could not attend custodial interrogation. He is ready to co-operate with investigation. Therefore, custodial interrogation of the applicant is not necessary.