Amol Bharat Gaikwad And ANR v. The State Of Maharashtra

905 BA 987 OF 2016.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.987 OF 2016 Amol Bharat Gaikwad and anr .... Applicants V/s.

The State of Maharashtra .... Respondent Mr. Sandeep S. Salunkhe, for the Applicants.

for the Respondent State.

CORAM : A. M. BADAR, J.

DATE : 22nd JUNE, 2016.

P.C. :

1.

The applicants/accused, in Crime No.37 of 2016, for offence punishable under Sections 143, 147, 148, 149, 324 and 326 of Indian Penal Code, registered with police Station, Kurduwadi, District: Solapur, by this application, are praying for their release on bail, during pendency of trial.

2.

Heard the learned counsel for the applicants as well as the learned APP.

3.

The learned APP submits that applicant No.1 has criminal antecedents and injury at page No.14 AB shows injured Tanaji had suffered fracture injuries apart from hed injury. 1/2

905 BA 987 OF 2016.doc 4.

Now the investigation is over. The offence alleged is forming unlawful assembly for causing grievous hurt to the informant. The perusal of the F.I.R. lodged by the informant Tanaji Dongre shows that the present applicant and the co-accused had assaulted him by means of iron pipe. Considering the nature of evidence, pre-trial detention of present applicants is not warranted. The trial will take its own time. Until conclusion of trial and decision of the trial, presumption is of an innocence of the accused. Therefore, the order. Order I) Application is allowed.

II) The applicants/accused, in above crime be released on bail on their executing P.R. Bond in the sum of Rs.10,000/- by each of them and on their furnishing sureties in the like amount.

III) The applicants shall not, directly or indirectly, make any inducement, threat or promise to any persons acquainted with the facts of the case so as to dissuade them from disclosing such facts either to the Court or to any police officer. IV) The applicants shall co-operate the learned trial Judge in expeditious disposal of the trial..

V) The applicants shall not tamper with the prosecution evidence in any manner.

VI) The applicants shall not repeat commission of similar offence in future.

[A. M. BADAR, J.] 2/2