Criminal Bail Application No.450 of 2022 (Or. Exh.1)

IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK, AT – NASHIK.

(Presided over by Mr. M. H. Shaikh)

Criminal Bail Application No.450 of 2022

CNR No.MHNS010016692022

1.Sunny Arjun Palde
Age : 29 years, Occ : Farmer

2.Sachin Arjun Palde
Age : 26 years, Occ : Labour

3.Pravin Kashinath Porje
Age : 29 years, Occ : Labour
All R/o : Palde Mala, Vadner Dumala,
Rej Road, Tal. & Dist. Nashik. .. Applicants/Accused.

V/S

State of Maharashtra Through – P.I. Upnagar Police Station (C.R. No.I­30/2022) .. Respondent/State.

Appearance : Ld. Adv. Shri. Pravin Shejwal for Applicants/Accused.
Ld. A.P.P. Shri. Sachin Gorwadkar for Respondent/State.

ORDER BELOW EXH. No.1

(Delivered on 18th April, 2022)

1.This is an application filed under Section 439 of Criminal Procedure Code for grant of regular bail in C. R. No.I­30/2022 registered with the respondent Upnagar Police Station for an offence punishable under Sections 307, 326, 324, 323, 504, 506, 143, 144, 147 & 149 R/W 34 of the Indian Penal Code and under Section 135 of the Maharashtra Police Act.

2. Perusal of the F.I.R. reflects that an incident occurred on 09.02.2022 at 08.30 p.m. at the place of one Kokne, where there was a Haldi programme. At the relevant time, it seems that the applicants have parked their motorcycle in front of the house of the complainant and therefore some quarrel took place and therefore the applicants and other accused persons assaulted the complainant and his wife by means of knife and iron­rod and thereby caused grievous hurt to the complainant i.e. his small finger was fracture. The matter came to be reported to the Police and the Crime came to be registered.

3.It is the case of the applicants that, they are falsely implicated in this case. They were present on the spot and the complainant assaulted them by stone and they countered it in self defence. Investigation is over. Recovery is made. Statements came to be recorded. Applicants are ready to abide by the terms and conditions. Therefore, prayed to allow the application.

4.Respondent filed their say vide Exh.5 and strongly objected by saying that the offence alleged is serious in nature. Applicants have assaulted the wife of the complainant on her head and also assaulted the complainant on his right hand small finger. There is possibility that the applicants may pressurized and threatened the complainant and witnesses. Therefore, prayed to reject the application.

5. Heard Ld. Advocate for the applicants and Ld. A.P.P. for the State.

6.Upon hearing and going through the material placed on record, what can be gathered is that quarrel took place between both the parties. Counter case came to be filed on the side of the applicants
against the complainant and his wife. Investigation is over. Charge­ sheet is filed before the Ld. J.M.F.C. No purpose will be served in keeping the applicants behind the bar for an indefinite period, when
they are entitle for bail. As far as, apprehension of the respondent is concerned, that can be taken care by imposing certain conditions. In the result, the following order :­

ORDER

1.Criminal Bail Application No.450 of 2022 is allowed.

2.Applicant No.1 Sunny Arjun Palde, Applicant No.2 Sachin Arjun Palde and Applicant No.3 Pravin Kashinath Porje be released on bail on their executing a personal bond of Rs.15,000/­ each with
solvent sureties in like amount to the satisfaction of the concerned Ld. J.M.F.C. in connection with C. R. No.I­30/2022 registered with the respondent Upnagar Police Station for an offence punishable under Sections 307, 326, 324, 323, 504, 506, 143, 144, 147 & 149 R/W 34 of the Indian Penal Code and under
Section 135 of the Maharashtra Police Act.

3.Applicants not to threaten and pressurize the complainant and the witnesses.

4.Applicants not to commit similar offence in future.

5.Applicants to attend the trial regularly, unless exempted by the Ld. Trial Court.

6.In the above terms, the application stands dispose off accordingly.

MUSHTAQUE HUSSAIN SHAIKH Place : Nashik. Date : 18/04/2022 Digitally signed by MUSHTAQUE HUSSAIN SHAIKH Date: 2022.04.18 17:46:58 +0530 (M. H. Shaikh) Additional Sessions Judge, Nashik.