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Bombay High CourtBA/2664/2019bail granted

Sangram Pralhad Pawar And ORS v. The State Of Maharashtra

2019-11-04Hon'Ble Shri Justice Prakash D. Naik4 pages

rpa 1/4 3-ba-2664-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2664 OF 2019 1) Sangram Pralhad Pawar;

2) Bapu Maruti Ubale; & 3) Suraj Banda Bagal .. Applicants Vs.

State of Maharashtra .. Respondent ......

Mr.Rahul R. Kate, Advocate for the Applicants. Mr.S.H. Yadav, APP for the Respondent - State. Mr.S. Garde, Police Constable Karad City Police Station, present. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

NOVEMBER 04, 2019.

P.C. :

The applicants are seeking bail in connection with C.R.No.0133 of 2019, registered with Karad City Police Station, District - Satara for the ofences punishable under Sections 307, 326, 504, 506, 143, 147, 148, 149 of Indian Penal Code ("IPC", for short).

rpa 2/4 3-ba-2664-19.doc The applicants were arrested on 8th March, 2019, 17th March, 2019 and 10th May, 2019, respectively. The prosecution case is that on account of the previous quarrel, the injured persons were assaulted by the accused. It is alleged that the applicants and the co-accused were armed with weapons. The co-accused assaulted injured Dattatraya Katkar and Vishal Virkayde. The investigation is completed and charge-sheet has been fled.

The applicants have not been attributed role of assaulting the victim. The injury certifcate of victim Dattatraya Katkar indicate that he had sufered simple injuries whereas the injured Vishal Virkayde had sustained four injuries in the nature of CLW which are grievous and simple in nature. Learned APP submitted that the applicants were present along with the coaccused who have assaulted the injured persons. He further submitted that three cases are registered against the accused no.1 with Karad City Police Station vide C.R.Nos.143 of 2014 and 269 of 2016 for the ofences punishable under Section 232 and 324 of IPC and C.R.No.280 of 2014 for the ofence punishable

rpa 3/4 3-ba-2664-19.doc under Section 324 of IPC. Considering the role attributed to the applicants and also considering the fact that the applicants are in custody since March 2019 and charge-sheet is already fled, on certain terms and conditions, bail can be granted to the applicants.

Hence, I pass the following order:

:: O R D E R ::

(i) Bail Application No.2664 of 2019, is allowed; (ii) The applicants are directed to be released on bail in connection with C.R.No.0133 of 2019, registered with Karad Police Station, District - Satara on furnishing PR Bond in the sum of Rs.25,000/-, each with one or more sureties in the like amount;

(iii) The applicants are directed to stay out of the jurisdiction of Karad City Police Station, District - Satara till the conclusion of the trial;

rpa 4/4 3-ba-2664-19.doc (iv) The applicants shall furnish their address to the investigating oficer with regard to place of their residence and shall report the nearest police station once in a month on frst Saturday of the month between 10:00 a.m. to 2:00 p.m. where they would reside after being released on bail; (v) The applicants to enter within the jurisdiction of Karad City Police Station, District - Satara only for the purpose of attending the Court proceedings;

(vi) Bail Application stands disposed of.

(PRAKASH D. NAIK, J.)