Sidhappa Avdhut Haladvadru And ANR v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICAITION NO.1764 OF 2015 Sidhappa Avdhut Haladvadru & Anr.

..Applicants v/s.

The State of Maharashtra.

..Respondent AND CRIMINAL ANTICIPATORY BAIL APPLICAITION NO.1765 OF 2015 Annappa Avdhut Haladvadru ..Applicant v/s.

The State of Maharashtra.

..Respondent Mr. Manoj M. Badgujar for the applicants in ABA No.1764/2015 Mrs. R. V. Neutan, APP for the State.

Mr. Umesh R. Mankapure for the applicant in ABA No.1765/2015 Mrs. Veera Shinde, APP for the State.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : NOVEMBER 26, 2015.

P.C.

.

These are the applications for anticipatory bail filed by the aforesaid applicants apprehending their arrest in C.R.No.44 of 2015 and C.R. No.45 of 2015 registered with Umadi Police Station, District Sangli, for the offences punishable under Section 307, 324, 452, 504, 506 r/w 34 of IPC and under Section 4, 25 of Arms Act and Section 135 of Bombay Police Act and in C.R. No.45 of 2015 registered with

Umadi Police Station, District Sangli, for the offences punishable under sections 307, 324, 341, 323, 143, 147, 148, 149, 504 & 506 of the IPC and under sections 4 and 25 of the Arms Act and section 135 of Bombay Police Act.

2. Heard Mr.Badgujar and Mr.Mankapure , learned Counsel for the applicants in respective ABA Nos.1764/2015 and 1765/2015, and the learned APP for the State.

3. I have considered the submissions advanced by the learned counsel for the applicant and the learned APP for the State, and perused the records. The record prima facie reveals that, there was a quarrel between two groups and in the said scuffle, the applicant in ABA No.1764/2015 had assaulted one Annappa Avdhut Haladvadru by means of a stick. Similarly the applicant in ABA No.1765/2015 has inflicted injuries on Sidhappa Avdhut Haladvadru. The injuries sustained by them are not grave as to attract provisions of section 307 of IPC. The nature of the allegations levelled against the applicants and also nature of the injuries sustained by the injured, do not warrant custodial interrogation. The learned counsel for the applicants as well as learned APP for the respondent has submitted that the parties being family members are ready to settle the dispute

amicably. Considering the above facts and circumstances in my considered view the applicants are entitled for bail. 4.

Hence, the applications are granted on the following terms. i) In the event of the arrest of the applicants in Crime No. C.R.No.44 of 2015 registered with Umadi Police Station, District Sangli, the applicants be released on furnishing bail bond of Rs.25,000/- (Rupees Twenty-five Thousand Only) each with one or two solvent sureties each in the like amount, to the satisfaction of the learned JMFC, Jath.

ii) The applicant shall report to the Investigating Officer, initially for a period of 4 days from 10 a.m. to 1 p.m., and thereafter as and when required by the Investigating Officer for the purpose of interrogation.

iii) The applicants shall not leave Sangli District without prior permission of JMFC, Jath till filing of the charge-sheet. (ANUJA PRABHUDESSAI, J.)