(Order below Exh.1) B.A.No.1132/2022 IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT
NASHIK BAIL APPLICATION NO. 1132 OF 2022

1. Subhash Nivrutti Darade, Age – 40 yrs. ]
2. Bhausaheb Nivrutti Darade, Age- 36 yrs. ]
3. Asha Subhash Darade, Age – 35 yrs.]
All r/o. Khopade(k.) Shivar, Darade ]
Vasti, Tal. Sinnar, Dist.Nashik. ] Applicants/accused

V/s.

The State of Maharashtra ] Respondent / Through– P.I. Wavi Police Station) ] prosecution

Advocate Shri.Kasliwal for the applicant/accused.

APP Smt.Aparna Patil for the State.

ORDER BELOW EXH.1

1] This 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 the applicant’s case is that they are 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.

4] I have heard Ld.Adv. Shri. Kasliwal who vehemently submitted that in a case of assault by stick (काठी) section 326 cannot be attracted. Eight days delay in lodging FIR.

5] I have heard APP Smt.Aparna Patil who vehemently submitted that victim is a senior citizen. He was required to admit four different hospital.

6] I have heard Adv.D.B.Jagtap for the informant who has pithily submitted that the patient condition is critical. Informant is present in court today and strong objection to release on bail.

7] 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 medical 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. The affidavit filed by the informant reveals that she has apprehension if accused release on bail as they are staying near to each other; there is apprehension to destroy evidence and pressurize the local witnesses. As far as regarding accused no.1 and 2 concern they have played vital role in commission of offence. The major role played by Subhash Nivrutti Darade for assault with the help of stick and applicant no.2 Bhausaheb Nivrutti Darade played major role by assault by hand and kick blows to the injured and informant. Whereas the applicant 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 applicant no.3 being lady and no criminal antecedent; therefore she is entitled for bail in stringent condition. 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 accused no.1 and 2 are 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 accused no.1 and 2 is rejected and for accused no.3 is allowed.

2.Applicant no.3/accused Asha Subhash Darade be released on bail 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 on furnishing P. R. Bond of Rs.25,000/- (Rs.Twenty Five Thousand Only) with one or two
surety in like amount on following conditions.

(a) She shall attend Wavi Police Station on every Monday in between 11.00 a.m. to 2.00 p.m. till
filing of charge-sheet.

(b) She shall not pressurize the prosecution witnesses and his family members and also come in contact in any way with them and co-operate the investigation agency.

(c) She shall not repeat the offence.

(e) If, she breach any of the abovesaid conditions it would be a cause to cancel the bail.

3.Criminal Bail Application stands disposed of accordingly.

Digitally signed by UMESHCHANDRA UMESHCHANDRA JAIKUMAR MORE JAIKUMAR MORE Date: 022.09.20 14:03:18 +0530 (Dr. U.J. More) Nashik. Additional Sessions Judge Date : 20.09.2022 Nashik.