SANTOSH CHANDRAKANT MORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending arrest in connection with C.R. No.132 of 2023 registered with Rajgad Police Station, District Pune for offences punishable under Sec. 307, 324, 326, 341, 504, 506 read with sec. 34 of the Indian Penal Code, 1860, the applicant is seeking his pre-arrest bail.

(2.) The prosecution case, in short, is as under: The report was lodged by one Laxman More. It was alleged that he and present accused are doing the business of supply of construction material and there is dispute between them on said ground. On 23/3/2023 at about 06:30 p.m. while he and his wife were proceeding in his Tavera Car, the vehicle reached nearly house of the Santosh. At that time, the applicant and his family members were standing by the side of the road. The applicant came in front of his vehicle and stopped his car. Santosh opened driver side door of the said vehicle and caught hold collar of the informant and pulled him outside. He abused and threatened the informant and started beating him. He pushed the informant in the ditch. The applicant lifted iron rod and gave blow on the knee of left leg of the informant, resulting into fracture to his knee of left leg. It is alleged that the applicant was giving blow of iron rod on the head of the informant with an intention to kill him but the informant obstructed the blow by his hand sustaining injury of his head. He, therefore, lodged FIR against the applicant.

(3.) The applicant, therefore, filed an application under Sec. 438 of the Criminal Procedure Code, 1973 before the learned Sessions Court, which has been rejected by order dated 19 th May 2023. Aggrieved thereby, the applicant has filed present anticipatory bail application.