RAJESH BHASKAR SUROSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants are seeking pre-arrest bail in CR No.I-210 of 2021 registered with Kalyan Taluka Police Station for offences under Sections 326, 324, 323, 504 r/w 34 of Indian Penal Code. The FIR was lodged on 18th April 2021.

(2.) The case of prosecution is that on 16 th April 2021 at about 12.30 pm the complainant was proceeding towards his residence through his vehicle. He noticed that land bearing Survey No.108/1 owned by his mother and step mother, was being measured by Surveyor. The complainant questioned the surveyor as to who has authorized to conduct the measurement and told him that dispute in relation to property is pending in Court. He was also questioned as to why notice was not given to him. The surveyor told him that measurement is being conducted at the instance of complainant's step brother (applicant no.1) and that he should talk to him. The complainant approached applicant no.1. He was accompanied by applicant no.2 and two other unknown persons. The applicant no.1 abused and assaulted the complainant by fist blows. Applicant no.2 caught hold of the complainant and two unknown persons assaulted him by kick blows. Applicant no.1 assaulted complainant by sickle on his head. The persons who had gathered at the place of incident intervened. The complainant approached police station. He was forwarded for medical examination. He was admitted to Rukhminibai Hospital. He proceeded to the said hospital. Treatment was given to him. He has sustained head injury. The injuries were stitched. He was taken for C.T.scan. Thereafter he was admitted to private hospital. On recording his statement, the FIR was registered. Subsequently Section 326 of IPC was invoked.

(3.) The applicants had preferred application for anticipatory bail before Sessions Court, which has been rejected by order dated 8 th July 2021.