Cri Bail Appln. No.1356 of 2022 (Or. Exh.1)
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IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK,
AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)
Criminal Bail Application No.1356 of 2022
CNR NO.MHNS010056572022
Balasaheb Sakharam Patil
Age : 66 years, Occu.: Nil
R/o : Nilwandi, Tal. Dindori,
Dist. Nashik.

… Applicants/Accused.

V/S
State of Maharashtra
Through – Dindori Police Station
(C. R. No. I­274/2022 )
… Respondent/State.

Appearance : Ld. Adv. Shri. Suhas J. Deshpande for Applicants/Accused.
Ld. A.P.P. Shri. Sachin Gorwadkar for Respondent/State.
Shri. Ajay Kavte, P.S.I. (I.O.) Dindori Police Station.
ORDER BELOW EXH. NO.1
(Delivered on 11th November, 2022)
1.

This is an application under Section 438 of Criminal Procedure
Code for grant of bail in C.R. No.I­274 of 2022 registered Respondent/
Dindori Police Stations under Sections 307, 326, 324, 323, 504, 506 and 427
r/w 34 and under Sections 120­B and 108 of the Indian Penal Code.

Cri Bail Appln. No.1356 of 2022 (Or. Exh.1)
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2.

Read the application and the say filed by the respondent vide
Exh.7. Heard Ld. Advocate for the applicant, Ld. A.P.P. for the State and the
I.O., who is present in Court.
3.

It is the case of the prosecution that, accused Nos.7 and 8
conspired and accused No.4 was hired by them to assault the victim. The
accused No.4 alongwith Nos.1 to 3 and accused Nos.5 and 6 assaulted victim
Ambadas Patil. Accused No.1 beat the victim by wooden stick on his leg.
Accused Nos.2 and 3 abused and threatened the victim of killing. Accused
Nos.1 to 3 ran away from the spot, when the victim started shouting. The
matter came to be reported to the Police.
4.

It is the case of the applicant that, he is falsely implicated in this
case. He has nothing to do with the case. Applicant was not on the spot as per
the contents of the F.I.R. It is alleged that, the applicant alongwith accused
No.7 conspired and hired other accused persons to assault the victim, which is
false. Custodial interrogation of applicant is not necessary. Other accused
persons came to be arrested and some are enlarged on bail. Muddemal is
recovered. Victim is discharged from the Hospital. Investigation is almost
completed. Ready to abide by the terms and conditions likely to be impose by
the Court. Therefore, prayed to allow the application.

5.

Respondent filed their say vide Exh.7 and objected on the
grounds that, the applicant alongwith other accused conspired and committed
the offence. Investigation is in progress. There is a prima­facie case. Custodial
interrogation of the applicant is necessary. Therefore, prayed to turn down the
application.

Cri Bail Appln. No.1356 of 2022 (Or. Exh.1)
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6.

Upon hearing and going through the material placed on record,
what can be gathered is that, in the F.I.R. the name of the applicant is not
there. Moreover, the allegations are as against accused Nos.1 to 3, who were
present on the spot and who abused, threatened and beat the victim. Recovery
of muddemal is over. Nothing is to be recovered or discovered at the instance
of the applicant. Applicant is senior citizen and 67 years of age and also a
disable person. Victim is discharged from the Hospital. It seems that, there is a
political rivalry. By imposing certain conditions, interim order passed by this
Court can be made absolute. In the result, the following order.
ORDER
1.

Criminal Bail Application No.1356 of 2022 is allowed.

2.

In the event of arrest, Applicant Balasaheb Sakharam Patil be released
on bail on his executing a personal bond of Rs.15,000/­ with solvent
surety in like amount to the satisfaction of the I.O in connection C.R.
No.I­274 of 2022 registered Respondent/ Dindori Police Stations under
Sections 307, 326, 324, 323, 504, 506 and 427 r/w 34 and under
Sections 120­B and 108 of the Indian Penal Code.

3.

Applicant to remain present before the I.O. on 15 th, 16th and 17th
November, 2022 between 11.00 a.m. to 01. p.m. at the
respondent/police station and co­operate the I.O. in the investigation.

4.

Applicant not to threaten and pressurize the complainant, victim and the
witnesses.

5.

Applicant not tamper with the prosecution witnesses.

6.

In the above terms, the Criminal Bail Application No.1356 of 2022
stands dismissed accordingly.
MUSHTAQUE
HUSSAIN
SHAIKH
Place : Nashik.
Date : 11/11/2022
Digitally signed by
MUSHTAQUE
HUSSAIN SHAIKH
Date: 2022.11.11
18:04:11 +0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.