Dnyaneshwar @ Dnyanoba S/O Tukaram Giri Andors v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.32 OF 2016 1.

Dnyaneshwar @ Dnyanoba S/o Tukaram Giri, Age 32 years, Occu.Business R/o Vishal Nagar, Latur, Taluka and District Latur 2.

Raju s/o Tayyappa Dhanagar, Age 27 years, Occu.Business R/o Mahadeonagar, Latur, Taluka and District Latur 3.

Shivaji s/o Vyankat Bhinge, Age 27 years, Occu.Driver, R/o Ankoli, Taluka and District Latur 4.

Rasull Tayyappa Chavan, Age 28 years, Occu.Business, R/o Vilas Nagar, Viadhu Vasti, Latur, Taluka and Dist. Latur 5.

Pavan s/o Malhari Chavan, Age 20 years, Occu.Business, R/o as above 6.

Husen s/o Maroti Dhanagar, Age 40 years, Occu. Business, R/o as above 7.

Krushna s/o Shankar Chavan, Age 23 years, Occu. Business, R/o Vilas Nagar, Vaidu Vasti, Latur, Taluka and Dist. Latur ..Applicants

Versus

.

The State of Maharashtra through Jalkot Police Station, District Latur ..Respondent Mr T.M. Venjane, Advocate for applicants Mr M.B. Bharaswadkar, A.P.P. for respondent

CORAM : N.W. SAMBRE, J.

DATE : 20th January 2016 PER COURT Heard.

2.

The applicants are seeking regular bail in Crime No.46/2015 registered at Jalkot Police Station on 10th December 2015, for an incident dated 9th December 2015, for the offence punishable under Section 364 read with sec.34 of Indian Penal Code. 3.

The applicants are seeking bail on the ground that the investigation in the matter is almost complete and their further detention will be hardly of any necessity. Learned Counsel for the applicant submits that there are no criminal antecedents and they will be available for further investigation and for the trial also. 4.

Learned A.P.P. opposed the application and submits that in view of prima facie evidence available against the applicants and as the vehicle is already seized in the matter and there are eye witnesses to the incident, the application be rejected.

5.

Perused the investigation papers. The investigation in the matter prima facie appears to be almost complete. The vehicle used in the crime is already seized. The applicants herein were subjected to police custody and their further detention in the matter will be hardly of any necessity. As such, they are entitled to be released on bail.

6.

The applicants be released in Crime No. 46/2015 registered at Jalkot Police Station on 10th December 2015, for an incident dated 9th December 2015, for the offence punishable under Section 364 read with sec.34 of Indian Penal Code, upon furnishing P.R. Bond of Rs.15,000/- with one surety in the like amount, by each of them. 7.

Applicants shall not enter the jurisdiction of Police Station, Jalkot till filing of the charge-sheet.

7.

Criminal Application stands allowed in above terms. ( N.W. SAMBRE, J.) vvr