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Bombay High CourtAPPLN/248/2017disposed off

Shahaji S/O Babu Sotre And Others v. The State Of Maharashtra

2017-02-15Hon'Ble Shri Justice T.V. Nalawade2 pages

Cri.Appln.248/2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 248 OF 2017 1.

Shahaji s/o Babu Sotre, Age 72 years, Occu. Agri., R/o Vadgaon (Nali), Taluka Bhoom, District Osmanabad 2.

Mahadev @ Sambhaji S/o Shahaji Sotre, Age 25 years, Occu. Agri., R/o as above 3.

Nagnath s/o Shahaji Sotre, Age 22 years, Occu. Agri., R/o as above At present in jail .. Applicants

Versus

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State of Maharashtra, through the Police Station, Bhoom, Taluka Bhoom, Dist. Osmanabad .. Respondent Mr K.R. Doke, Advocate for applicants Mr S.M. Ganachari, A.P.P. for respondent CORAM : N.W. SAMBRE, J.

DATE : 15th February 2017 PER COURT 1.

In C.R. No.0194/2016, registered at Bhoom Police Station, District Osmanabad, for the offences punishable under Sections 307, 324 read with Sec. 34 of the Indian Penal Code. 2.

Apart from delay in lodging first information report, looking to the injuries suffered by the victim and the fact that the applicants were subjected to custodial interrogation, in my opinion, the

Cri.Appln.248/2017 applicants are entitled to be released, particularly having regard to the fact that the investigation is at advanced stage and the applicants have co-operated in investigation.

3.

In the light of above, the applicants be released on bail in C.R. No.0194/2016, registered at Bhoom Police Station, District Osmanabad, for the offences punishable under Sections 307, 324 read with Sec. 34 of the Indian Penal Code, upon each of them executing P.R bond of Rs.15,000/- with one or two sureties in the like amount. 4.

The applicants shall not influence the prosecution witnesses and shall not tamper with the prosecution evidence. 5.

Criminal Application stands allowed accordingly. ( N.W. SAMBRE, J. ) vvr