Rajendra Siddheswar Pandhare v. The State Of Maharashtra
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1212 OF 2017 Chandrakant L. Chavan & Anr.
...Applicants V/s.
The State of Maharashtra
...Respondent
WITH CRIMINAL APPLICATION NO.544 OF 2017 IN BAIL APPLICATION NO.1212 OF 2017 Rajendra S. Pandhare ...Intervenor
IN THE MATTER BETWEEN :
Chandrakant L. Chavan & Anr.
...Applicants V/s.
The State of Maharashtra
...Respondent
Mr.A.H.H. Ponda i/b Mr.Yuvraj J. Bhange Patil for the Applicants. Mr.Pauzan i/b Mr.M.V. Thorat for the Intervenor. Mr.S.R. Agarkar, A.P.P. for the State / Respondent.. Mr.Balasaheb B. Jadhav, PSI Mohol Police Station, District Solapur (Gramin) present.
CORAM : T.V. NALAWADE, J.
DATE : 28TH AUGUST, 2017.
P.C. :- 1.
This application is filed for bail. Both sides are heard. The 1/3
crime was registered as C.R. No.105 of 2016 in Solapur punishable under sections 307, 324(1), 49 of I.P.C. under section 4 read with 25 of the Arms Act and other provisions like Bombay Police Act. The charge-sheet is already filed. All the papers of investigation are available for perusal.
2.
The incident took place on 11th April, 2016 at about 9:15 a.m. in the village and due to political rivalry. The allegations are made that witnesses were proceeding to temple with Manohar Dongre. There were 13 persons were having sword, Koita, chopper, iron rods and wooden stick. The allegations are made against the present applicants that they were holding iron pipes. 3.
There are statements of some of the eye witnesses like, Ramesh Bhange, Tanaji Dongre and there is injury certificate in respect of Ramesh Bhange. Learned counsel for the applicant produced on record the copies of the orders made by this Court granting bail in favour of Sangram Dagadu Bhange and Nana Chavan (Bail Application Nos.1776 of 2016 and 762 of 2017) and submitted that the case of the present applicants cannot be treated on different footing. These persons were holding sticks. 4.
The present applicants are behind the bar since October, 2016 and there is allegations against them that they came along with other accused. They were armed with iron pipes, they assaulted 2/3
Ramesh Bhange, Tanaji Dongre and Swapnil. In view of these circumstances and as it is not certain as to how much time will be required for disposal of the case, this Court holds that the bail needs to be granted to the present applicants subject to the same conditions. In view of number of injuries inflicted on Manohar Dongre, applicants need to be prevented from entering the village till the disposal off the case. In the circumstances, the application is allowed. 5.
The applicants are to be released on his furnishing P.B. and S.B. of Rs.50,000/- with one or more solvent sureties in the like amount. The applicants are not to tamper with prosecution witnesses. The applicants are not to commit similar offences. They are not to enter the village Shetfal, taluka Mohol, District Solapur till the disposal of the case.
6.
The intervention application is allowed and disposed off. (T.V. NALAWADE, J.) 3/3