Criminal Bail Application No.1340/2022
CNR No. MHNS010056152022
[Lakhan Dnyaneshwar Pawar V s. State]
Order below Exh.1.
This is application for regular bail U/s. 439 of Cr.P.C. in
Cr.No.I­306/2022 of Bhadrakali P. S., for offences punishable under
Sections 353, 333, 186, 504, 506 r.w. 34 of I.P.C., on the basis of
FIR lodged by Sachin Eknath Lite.
2.

Bail application is filed on the ground that the applicant
is innocent and has been falsely implicated in the case. That the
applicant was not present on the spot at the time of incident.
Nothing incriminating has been seized from him. Injured has been
already recovered and discharged from hospital. There is no prima
facie case against the accused. He has no concerned with offence. As
the co­accused Ajay Pawar is relative of the applicant, his name has
been falsely mentioned in FIR. He is ready to abide the conditions
imposed by the Court. He will co­operate the investigating
machinery. On these main grounds and others have prayed for bail.

3.

Notice was issued to State. State appeared through Ld.

APP Smt.Sulabha Sangle and filed say resisting for grant of
application on the grounds that the offence is serious one. Accused
assaulted informant when he was discharging his duty. Co­accused
is absconded. The accused has not co­operated in the investigation.
The accused is habitual offender. If released, he will threaten the
informant and witnesses. There are criminal antecedents against
him. On these main grounds and others have prayed for rejection of
bail application.
4.

Heard Ld. Advocate Mr.Wagh for applicant. Perused bail
application.

Heard Ld. APP Smt.Sulabha Sangle. Perused police
papers and say filed by Bhadrakali police station.

5.

On perusal of F.I.R. as well as case papers, it is apparent
that, the informant Sachin Lite attached to MSEDCL went to the
house of Poonam Pawar and made inquiry about payment of
outstanding electricity bill which was replied in the negative by
inmate of the house Ajay Pawar. The informant discontinued
electricity supply. Ajay Pawar [present applicant] abused informant,
caught hold his collar. After giving understanding to him when the
informant and his colleague Kshirsagar were proceeding ahead, Ajay
Pawar [present applicant], Lakhan Pawar and his companion pelted
stones on them. Ajay Pawar assaulted on the head of informant by
iron rod due to which he sustained injuries. His colleague admitted
him in civil hospital.
6.

The
incident
occurred
when
the
informant
was
discharging his duties. The name of the accused feature in the FIR.
Ajay assaulted the informant by iron rod whereas the present
applicant pelted stones. The criminal overact is conducted in
furtherance of common intention. The medical certificate discloses
two grievous injuries on the head of the informant. There is active
role attributed to the applicant. The offence is against Government
servant. Co­accused is absconded. Investigation is in progress.
Charge­sheet is yet to be filed. Hence, at this stage, it will not be
appropriate to exercise discretion in favour of the applicant. Hence,
following order is passed.

ORDER
(1).

Application stands rejected.
VARDHAN
PRATAPRAO
DESAI
Nashik.
Date : 03/11/2022
Digitally signed by
VARDHAN
PRATAPRAO DESAI
Date: 2022.11.05
12:31:45 +0530
( V. P. Desai)
Additional Sessions Judge, Nashik.