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Bombay High CourtAPPLN/49/2016application allowed

Anil Baburao Chavan v. The State Of Maharashtra

2016-01-18Hon'Ble Shri Justice Nitin W. Sambre2 pages

Cri.Appln.49/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.49 OF 2016 Anil Baburao Chavan, Age 38 years, Occu. Agri., R/o Bhramanwadi,Taluka Sengaon District Hingoli ..Applicant

Versus

The State of Maharashtra through Police Station, Goregaon Taluka Sengaon, District Hingoli ..Respondent Mr P.S. Agrawal, Advocate for applicant Mrs R.K. Ladda, A.P.P. for respondent CORAM : N.W. SAMBRE, J.

DATE : 18th January 2016 PER COURT Heard.

2.

The applicant is seeking pre-arrest bail in Crime No.121/2015, registered at Goregaon Police Station, District Hingoli, for the offences punishable under Sections 324, 323, 506, read with Sec.34 of Indian Penal Code.

3.

Perusal of the F.I.R. depicts that the role attributed to the applicant Anil is use of stone in commission of crime when he assaulted the complainant Waman. Corresponding injury is simple in nature. There is counter F.I.R. at the behest of the applicant against the complainant vide Crime No.120/2015 registered for the offence punishable under Sections 307, 324, 323, 504 read with sec.34 of Indian Penal Code.

Cri.Appln.49/2016 4.

In view of counter claim and nature of injury suffered by the complainant, in my opinion, the custodial interrogation of the applicant is not necessary. As such, the applicant is entitled to be release on bail.

5.

In the event of arrest in Crime No. 121/2015, registered at Goregaon Police Station, District Hingoli, for the offences punishable under Sections 324, 323, 506, read with Sec.34 of Indian Penal Code, the applicant be released on interim bail, upon furnishing P.R. Bond of Rs.15,000/- with one surety in the like amount. 7.

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