(Order below Exh.1) B.A.No.1177/2022
IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT NASHIK BAIL APPLICATION NO. 1177 OF 2022

Bhausaheb Nivrutti Darade ]
r/o. Khopade(k.) Shivar, Darade Vasti, ]
Tal. Sinnar, Dist.Nashik. ] Applicant/ ] accused no.2

V/s.

The State of Maharashtra ] Respondent /
Through– P.I. Wavi Police Station) ] prosecution
Advocate Shri.R.J.Kasliwal for the applicant/accused.

APP Shri.Kadave for the State.

ORDER BELOW EXH.1

1] This is second bail application u/s.439 of Cr.P.C. registered at Wavi Police Station, in CR No.184/2022 for offence punishable u/s. 326, 324, 323, 504, 506, r/w.34 of Indian Penal Code, 1860.

2] In short, the prosecution case is that complainant and accused are close relative (भाऊबंद) and staying near to each other. On the date of incident 15.8.2022 informant husband Ramnath Jabaji
Darade while washing his hand and legs, accused no.3 abused him in filthy language on the grounds of splashing of water on their body. He was trying make her understand accused no.1 and 2 came there.

Accused no.1 assaulted Ramnath Jabaji Darade on his back, neck, head, chest, hand and leg. Accused no.2 and 3 also assaulted him by hands slap. Accused no.3 was threatening, ‘सोडू नका यांना आज यांचा काटाच काढू’ and therefore offence registered under aforesaid sections.

3] The fact of case of applicant/accused no.2 is that he is falsely implicated in this case. Considering the injury sustained victim which are not come under section 320 r/w. 326 of the IPC. They are ready to abide any condition. As per the contention of the informant, applicant/accused and accused no.3 assaulted to the informant by fists and kicks blows. On that ground accused no.3 is released on bail and hence, considering the facts and parity ground applicant/accused be released on bail.

4] I have heard APP Shri.Kadave who vehemently submitted that victim is a senior citizen. He was required to admit four different hospital.

5] Heard both side. The offence under Section 326 states, “voluntarily causing grievous hurt by dangerous weapons or means”. It requires grievous hurt voluntarily. On this point Ld. Adv. Kasliwal
submitted that in this case Section 326 cannot be attracted. I have gone through the document filed by informant which reveals that the photographs of injured, he is hospitalized and treatment is going on.

The medical certificate of PHC Dodi, Tal.Sinnar reveals assault by Bamboo. Patient was referred to Civil Hospital which reveals the assault on head and neck. Patient was transferred subsequently to private
hospital i.e. Six Sixma Medicare and Research Limited which reveals blunt injury to head, neck and chest. The remark reveals, right middle carotid artery thrombosis with multiple cervical dissection. Nature of injury is fresh injury. I have gone through the medical certificate issued by Niramay Hospital. The final diagnosis is right ICA Thrombosis L Hemiparesis – hemeplegia cervical dissection atrial fibrillation. As per medical terminology hemeplegia is a symptom that involves one sided paralysis. It happens because of brain or spinal cord injury and conditions. Depending on the cause, hemeplegia can be temporary or permanent. After perusal of all these meical documents in nutshell it reveals that patient is suffering cervical discussion along with hemeplegia and it is only due to the assault by the accused with the help of stick. At this stage of bail it cannot be decided whether the assault by a stick can attribute Section 326 of the IPC otherwise it would be a mini trial. Prima-facie it reveals grievous injury within the ambit of Section 320 of IPC r/w. 326 of the IPC. As far as regarding accused no.1 and 2 concerned they have played vital role in commission of offence. The major role played by accused no.1 Subhash Nivrutti Darade for assault with the help of stick and accused no.2 (applicant) Bhausaheb Nivrutti Darade played major role by assault by hand and kick blows to the injured and informant. Whereas the accused no.3 Asha due to whom the quarrel took place and certainly played a role but, when compared to other; it is minor role.

Considering the accused no.3 being lady and no criminal antecedent she already released on bail in B.A.No.1132/22 and other two accused kept behind the bar.

6] Applicant/accused no.2 have filed this second bail application prayed to release him on the ground of parity. But, ‘dangerous weapon’ in time depends upon two factor – nature of the weapon used and part of the body chosen for assault. What would constitute a ‘ dangerous weapon’ would depend upon the facts of each case and no generalization can be made. The intention of the accused is gathered from the nature of weapon used. The part of body chosen for assault and other attending circumstances. Trial Court will decide and can convert section while conducting trail. At present, Rule of Parity in case of lady can’t be equally applicable to male accused. It is to be noted accused no.3 Asha Subhash Darade released on bail being lady only and nothing else. No change in circumstances to make second bail application in week only. Intensity of injury in such case should be of higher magnitude caused with deadly weapon. At present bail stage no one can opine that Bomboo Stick is not ‘dangerous weapon’.

7] Looking into nature and gravity of the offence; the brutal assault on the old aged person who is fighting for his life and it is supported by various medical certificates issued by four different
hospital in Nashik District; therefore applicant/accused is not entitled for bail in present circumstances. The charge-sheet is yet to be filed.

The investigation is in progress. If accused release on bail certainly chance to pressurise the informant and his family members. Hence, order :

ORDER

1.Application for applicant/accused no.2 is rejected.

2.Criminal Bail Application stands disposed of accordingly.

Digitally signed by UMESHCHANDRA UMESHCHANDRA JAIKUMAR MORE JAIKUMAR MORE Date: 2022.09.30 12:12:07 +0530 (Dr. U.J. More) Nashik. Additional Sessions Judge Date : 30.09.2022 Nashik.