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Bombay High CourtAPPLN/43/2015disposed off

Sonyabapu Bhausaheb Jadhav And Others v. The State Of Maharashtra

2015-01-19Hon'Ble Shri Justice T.V. Nalawade3 pages

-:(1):- FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CRIMINAL APPLICATION NO. 43 OF 2015 SONYABAPU BHAUSAHEB JADHAV AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Jadhav Satej S. APP for Respondent: Mr. M. M. Nerlikar.

***

CORAM:

T. V. NALAWADE, J.

DATED:

19th JANUARY, 2015.

PER COURT:

1.

The application is filed for bail. Both the sides are heard.

This Court has perused the papers of investigation.

2.

The crime is registered on the basis of report given by one Ketan Sogle. He owns and runs a hotel. Incident in question took place on 30th November, 2014 after 10.15 p.m. It is contended by him that on that night when he was present in the hotel persons like Mahesh Walunj and Mangesh Tarde , who were drunk, came to the hotel and they started vomiting. According to him,

-:(2):- when he asked them to leave the hotel, quarrel started. It is contended that after starting of the quarrel, these two persons called their associates like Manya Tarde, Vikas Valunj, Sonya Jadhav, Machhindra Tarde, the applicant, and also 6 to 7 other persons and they came there in a pick up vehicle and on motor cycle. Allegations are made that all these persons assaulted him, staff and members of the family. Allegations are made that, during the incident damage was caused to the property from the hotel. He has contended that he had kept cash amount of Rs.2 Lakh in his cash counter and that amount was taken away. The police produced the papers including the statements to the aforesaid nature of the witnesses and there is also Panchanama. 3.

The applicants were known to the complainant and the witnesses and there is material of the aforesaid nature against the applicants. They are behind bars since 3rd December, 2014 and 5th December, 2014. It is not certain as to how much time will be required for disposal of the case. In view of the nature of allegations and material collected against these applicants, this Court holds that it is not desirable to keep the applicants behind bars till disposal of the case.

-:(3):- 4.

In the result, the application is allowed. The applicants are to be released on bail on their furnishing P.R. & S.B. of Rs.15,000/- each. They are not to tamper with the prosecution witnesses. They are not to commit similar offence. They are not to go to the vicinity of the aforesaid hotel.

[T. V. NALAWADE, J.] Dt.19/01/2015 ans/43