← Library
Bombay High CourtABA/448/2017others disposed off

Ramling Satwaji Trimukhe And ORS v. The State Of Maharashtra

2017-04-11Hon'Ble Justice Revati Mohite Dere4 pages

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION No.448 OF 2017 1.

Ramling Satwaji Trimukhe .Applicants 2.

Sachin Ramling Trimukhe 3.

Khushal Mahadev Trimukhe 4.

Tulasa Ramesh Kharatmal 5.

Ramesh Asaram Kharatmal Vs.

The State of Maharashtra .Respondent Mr.Abhishek Sawant, Advocate, for the Applicants Mr.Y.M.Nakhwa, APP, for the Respondent - State

CORAM

:

REVATI MOHITE DERE, J.

DATE :

11.04.2017 P.C.

.

Heard learned counsel for the Applicants and the learned APP for the Respondent - State.

2.

By this Application, the Applicants seek pre-arrest bail in connection with C.R.No.I-7 of 2016 registered with the Camp Police Station, Pune, for the alleged offences punishable under Sections 326, 325, 323, 504, 506 r/w.34 of the Indian Penal Code.

3.

Perused the papers.

4.

The incident in question has taken place on 02.01.2016. Pursuant to the said incident, a private complaint was filed by the complainant before the learned JMFC, Malegaon. The learned Magistrate was pleased to pass an Order under Section 156(3) of the Code of Criminal Procedure, pursuant to which the police registered the aforesaid offences as against the Applicants. According to the complainant, the Applicants came to the spot, assaulted him with fist and kick blows and the Applicant No.1 threw a stone on his hand.

5.

Learned APP has produced the Injury Certificate. The Injury Certificate shows that the complainant has sustained left wrist joint dislocation (disruption). Apart from the said injury, there are no other injuries.

6.

Considering the aforesaid, the interim order passed by this Court (CORAM : MRS. MRIDULA BHATKAR, J.) vide order dated 21.03.2017 stands confirmed. Accordingly, the Applicant is enlarged on bail on the following terms & conditions:- O R D E R (i) In the event of arrest, the applicants be enlarged on

bail, on executing PR Bond in the sum of Rs.20,000/- each with one or two sureties in the like amount;

(ii) The applicants shall attend the concerned Police Station on the first Friday of every month between 10:00 a.m. to 11.00 a.m. till the conclusion of the trial; (iii) The applicants shall not tamper with the or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

(iv) The applicants shall inform their latest place of residence and mobile contact number, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station;

(v) The applicants to cooperate with the conduct of the trial;

(vi) If there is a breach of any of the aforesaid conditions, the prosecution shall be at liberty to seek cancellation of the applicants' bail.

7.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

8.

It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its

own merits, in accordance with law, uninfluenced by the observations made in this order.

Parties to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)