Gangadhar Pandurang Khairnar And ANR v. The State Of Maharashtra

jsn ABA No.1809_2015

IN THE HIGH COURT OF JUDICATURE, AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1809 OF 2015 Gangadhar Pandurang Khairnar & Ors.

...

Applicants Vs.

The State of Maharashtra ...

Respondent Mr. M N Sandhyanshiv, Adv. for applicants.

Mr. G P Mulekar, APP for State.

CORAM : SMT ANUJA PRABHUDESSAI, J.

DATE : 30 th November, 2015.

P.C. :

1.

This is an application for anticipatory bail filed by the aforesaid applicants apprehending their arrest in Crime No.30 of 2015 registered at Malegaon Taluka P S, Nashik for the offences punishable under Sections 143, 147, 148, 149, 452, 326, 324, 323, 504, 506 of IPC.

2.

Heard the learned counsel Mr. Sandhyanshiv for the applicant and the learned APP for the State as also learned counsel for the respondent. I have perused the records and considered the submissions advanced by the learned counsels for the respective parties.

3.

The record prima facie reveal that one of the girls from the family of the applicants had eloped with the son of the complainant. On 26th January, 2015 at about 8 pm there was a quarrel between two

jsn ABA No.1809_2015 families over the said issue. The said quarrel led to a scuffle. The records prima facie reveal that the members of both the families were involved in assaulting each other. As a consequence thereof they have filed complaint and cross-complaint against each other. The nature of the offence and the allegations levelled against the applicants do not justify custodial interrogation. The applicants are the permanent residents of Nashik hence there is no possibility of the applicants absconding or thwarting the course of justice. Hence the application is allowed on the following terms.

1. In the event of arrest of the applicants in Crime No.30 of 2015 registered at Malegaon Taluka Police Station, Nashik for the offences punishable under Sections 143, 147, 148, 149, 452, 326, 324, 323, 504, 506 of IPC the applicants shall be released on bail bond of Rs.15,000/( Rupees Fifteen Thousand Only) each with one or two sureties in the like amount to the satisfaction of the learned Judicial Magistrate, First Class, Malegaon, Nashik.

2. The applicants shall report to the investigating officer for 7 days and further as and when required by the investigating officer for the purpose of the interrogation.

3. The applicants shall not tamper with the evidence or influenced complainant and witnesses in any manner.

4. The applicants shall not leave Malegaon, Nashik without prior permission of JMFC, Malegaon.

( ANUJA PRABHUDESSAI, J. )