Dhananjay S/O Dada Handal v. Appa S/O Bhanudas Madane And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 92 OF 2017 1.

Appa Bhanudas Madane, 2.

Mahendra Bajirao Madane (Manohar), 3.

Bhanudas Paraji Madane, 4.

Ravindra Pandurang Madane, 5.

Sonyabapu Pandurang Madane, 6.

Yogesh Prabhu Madane, All above R/o. Madanewadi, Wangdari, Tq. Shrigonda, Dist. Ahmednagar.

..APPLICANTS

VERSUS

The State of Maharashtra through Police Station Officer, Shrigonda Police Station, Tq.Shrigonda, Tq & Dist. Ahmednagar & anr ..RESPONDENTS WITH CRIMINAL APPLICATION NO.209 OF 2017 IN CRIMINAL APPLICATION NO. 92 OF 2017 Dhananjay s/o Dada Handal, Age: 27 years, Occ: Agri., R/o. Wangdari, Tq. Shrigonda, Dist. Ahmednagar.

..APPLICANTS

VERSUS

(2) Appa s/o Bhanudas Madane & ors.

..RESPONDENTS Mr N.V. Gaware, Advocate for applicants in Criminal Application No. 92 of 2017 and for respondent Nos.1 to 6 in Criminal Application No. 209 of 2017; Mr V.S. Badakh, Addl. Public Prosecutor for respondent/State Mr R.S. Kasar, Advocate to assist A.P.P.

CORAM : N.W. SAMBRE, J.

DATE : 16th JANUARY, 2017 ORDER :

For the reasons stated in Criminal Application No. 209 of 2017 seeking permission to assist the prosecution, same stands allowed.

2.

The applicants are seeking pre-arrest bail in Crime No. I-550 of 2016, registered with Shrigonda Police Station, District Ahmednagar, for offence punishable under Sections 307, 143, 147, 148, 149, 341, 324, 323, 504, 506 of the Indian Penal Code and under Section 4/25 of the Arms Act. 3.

Complainant Dhananjay Handal has named other co-accused along with applicants, however, no

(3) specific role is attributed to the present applicants in the crime in question.

4.

Learned Additional Public Prosecutor, assisted by learned Counsel for the complainant, though objected the application for grant of prearrest bail on the ground that there are criminal antecedents, however, the said antecedents have hardly any bearing over the allegations made in the present crime.

5.

Apart from above, at the instance of one of the co-accused, there is another Crime No.I-540 of 2016 as is apparent from the first information report.

6.

In view of general allegations against the applicants, the application needs to be allowed. 7.

In view of above, the following order is passed : - In the event of applicants' arrest, in

(4) Crime No. I-550 of 2016, registered with Shrigonda Police Station, District Ahmednagar, 307, 143, 147, 148, 149, 341, 324, 323, 504, 506 of the Indian Penal Code and under Section 4/25 of the Arms Act, they be released on bail, on furnishing P.R. bond of Rs.15,000/- each, with one or two sureties in the like amount.

8.

Criminal Application No. 92 of 2017 stands allowed in above terms.

(N.W. SAMBRE, J.) Tupe