Birudev Rajaram Bandgar And ORS v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2043 OF 2017 1] Birudev Rajaram Bandgar 2] Shankar Laxman Wagare 3] Siddeshwar Rajaram Bandgar 4] Ganesh Shankar Wagare ..Applicants.

Vs.

The State of Maharashtra ..Respondent ----- Mr. J.D. Mane for Applicants.

Mr. Prashant Jadhav, APP for State.

----- CORAM: A.S. GADKARI, J.

DATE : 3rd October 2017.

P.C.

1] This is an application under Section 439 of Cr. P.C. for bail prior to filing of chargesheet in CR No. 177 of 2017 dated 27.7.2017 registered with Karkambh Police Station, District-Solapur under Section 337, 326, 325, 323, 504, 506, r/w 34 of the Indian Penal Code. 2] At the outset, the learned Counsel for the applicants on instructions from the relatives of the applicants who are present in the

2/3 Court submitted that at this stage the applicant Nos.1 to 3 will not press for their prayer for bail and will file regular bail under Section 439 of Cr. P.C. He therefore seeks leave to withdraw application for bail with respect to applicant Nos.1 to 3 namely Birudev R. Bandgar, Shankar Laxman Wagare and Siddhehwar Rajaram Bandgar respectively.

Leave granted.

Application qua applicant Nos.1 to 3 is disposed off as withdrawn.

3] As far as the applicant No.4-Ganesh Shankar Wagare is concerned, perusal of the first information report and the documents of investigation would reveal that the witnesses have mentioned a general role played by the applicant No.4, however, no overt-act of any nature has been attributed to him either of abusing or assaulting the first informant or other witnesses. In view thereof, applicant No.4-Ganesh Shankar Wagare can be released on bail.

Hence the following Order:

(i) The applicant No.4-Ganesh Shankar Wagare be released on bail in CR No. 177 of 2017 registered with Karkambh Police Station, District-Solapur on his furnishing PR bond of Rs.15,000/- with one or two solvent local sureties in the like

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(ii) After his release from the jail, the applicant shall attend the concerned Police Station once in month i.e. on every 1st Monday of the month between 11.00 a.m. to 2.00 p.m. (iii) The applicant shall also attend all the dates before the Trial Court.

(iv) Any two consecutive defaults in complying with the aforesaid conditions, shall attract the provisions of cancellation of bail.

(v) Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

4] Application is allowed in the aforesaid terms. (A.S. GADKARI,J.)