RITESH VINAYAK NIMAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending arrest in connection with C.R.No.113 of 2023 of 2023 registered with Mundhawa police station, Pune for the offences punishable under Ss. 326, 323, 341, 506 (2) r/w 34 of the Indian Penal Code (for short ' IPC '). The applicant seeking relief under Sec. 438 of the Code of Criminal Procedure (for short ' Cr.P.C .).

(2.) According to the prosecution, on 2/4/2023 at about 2 pm, the informant along with his friend went to High Spirit Hotel for lunch. Thereafter, around 8:30 pm, they went in a Paint House Hotel in a Koregaon Park, around 11:30 pm, there were verbal talk between Pravin Nimhan and bouncers of the hotel. The informant intervened to resolve their dispute, but the bouncers assaulted to the informant. The informant and his friends came out of hotel. It is alleged that the applicant stated to informant that he should have been beaten and called upon others to assault him. The applicant assaulted the informant by using knuckle (iron weapon) resulted into bleeding injury. The informant ran away from the spot. The co-accused Sourabh Jadhav assaulted the informant and threatened to kill him. Even while returning on the bridge of river, Sourabh Jadhav and other came in Breeza Car and restrained the auto-rickshaw of the informant and assaulted him. Accordingly a report came to be lodged. The applicant filed application under Sec. 438 of Cr.P.C. before learned Sessions Judge, which is rejected by the order dtd. 10/5/2023. Aggrieved thereby, the applicant filed has present applicant.

(3.) Learned Senior Advocate on behalf of the applicant submitted that the injury was due to assault by bouncers in a hotel referred in the report. There was no reason for the applicant to assault the informant. The material on record is insufficient to attract offence under Sec. 326 of IPC. He is ready to co-operate with investigation. Considering his age and status in the society, he deserves to be relief under Sec. 438 of Cr.P.C.