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Bombay High CourtABA/1098/2016others disposed off

Balkrishna Hanumanta Nakka And ANR v. The State Of Maharashtra

2017-04-05Hon'Ble Shri Justice A.S. Gadkari2 pages

1/2 ABA-1098-16-6 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1098 OF 2016 Balkrishna H. Nakka and anr.

..Applicants.

vs.

The State of Maharashtra

...Respondent.

Shri. S.B. Patil for the Applicants.

Mrs. Veera Shinde, APP for the Respondent-State. Mr.A.K.Pardeshi, API from Ambarnath Police Station present. CORAM :A.S.GADKARI, J.

DATE : 5st April, 2017 P.C.

1) The applicants are granted interim relief by an order dated 1.7.2016.The applicants are accused in CR No. I183/2016 dated 29.5.2016 registered with Ambarnath Police Station under Sections 326, 324, 504, 506, 143 and 147 of the I.P.C. The brother of the present applicants has registered CR No.I-182/2016 dated 29.5.2016 under Section 326, 324, 504 and 36 of the I.P.C. Thus, there is a case and cross case arising out of the same incident.

2) The record reveals that the complainant in the present crime i.e. CR No. I-183/2016 and accused in CR No.I-182/2016 namely Vishnu Valunj and Rohit Andhale have been released on anticipatory bail by the Sessions Court. I have perused the medical certificates of the injured persons in the present matter namely Vishnu Valunj and Rohit Andhale. As the accused persons in the courter case have been granted bail in view of

2/2 ABA-1098-16-6 the peculiar facts and circumstances of the present case no purpose will be served by rejecting the present application for pre-arrest bail of the applicants in the present crime. 4) In view of the above, the interim relief granted by an order dated 1.7.2016 is hereby confirmed.

5) Application is allowed in the aforesaid terms however, the applicants are directed to attend the Investigation Officer as and when called for between 11.00 a.m.to1.00 p.m. till filing of the charge sheet.

(A.S.GADKARI, J.)