Manoj Raju Amle v. Sachin Vitthal Pardesi And ANR
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO.56 OF 2017 Sachin s/o. Vitthal Pardeshi Age: 44 years, Occu.: Agri., R/o. Pungaon, Tq. Pachora, Dist. Jalgaon ..APPLICANT
VERSUS
The State of Maharashtra ..RESPONDENT WITH CRIMINAL APPLICATION NO.315 OF 2017 IN CRIMINAL APPLICATION NO.56 OF 2017 Manoj Raju Amle, Age: 23 years, Occu: Education, R/o. Pungaon, Tq. Pachora, Dist. Jalgaon ..APPLICANT
VERSUS
1.
Anil s/o. Vitthal Pardesi, Age: 44 years, Occu.: Agril., R/o. Pungaon, Tq. Pachora, Dist. Jalgaon 2.
The State of Maharashtra ..RESPONDENTS Mr S.S. Jadhav, Advocate for applicant in Criminal Application No.56 of 2017 and for respondent no.1 in Criminal Application No.315 of 2017.;
Mr R.V. Dasalkar, Addl. Public Prosecutor for respondent/State.
Mr. S.S. Phatale, Advocate to assist A.P.P.
(2) CORAM : N.W. SAMBRE, J.
DATE : 17th JANUARY, 2017 ORDER :
For the reasons stated in Criminal Application No. 315 of 2017 seeking permission to assist the prosecution, same stands allowed.
2.
In Criminal Application No.56 of 2017, the applicant Sachin is seeking regular bail in crime no.137 of 2016 registered on 19th September, 2016 for the alleged incident dated 18th September, 2016, registered with Pachora Police Station, District Jalgaon, for the offence punishable under Sections 307,143,147,148,149,323,504,506 of the Indian Penal Code.
3.
The prosecution story as is apparent from the contents of first information report is, complainant Manoj alleged that on 18th September, 2016 he had some differences with one Rahul, son of applicant, on the issue of hand loan amount and
(3) same has resulted in to a quarrel. It is then claimed that at around 10 in the night, the entire family members of the applicant came in front of house of the complainant, abused him, issued threats and then applicant has assaulted Vinod Amle with fist blows. It is then claimed that other family members of the complainant came there and tried to separate the quarrel. It is further alleged that Bapu assaulted Vinod with iron rod, resulting into serious injuries suffered by both Vinod and Bapoo. It is claimed that all accused persons issued threats and left the spot.
4.
The applicant came to be arrested in the above referred crime on 19th September, 2016. 5.
The investigation in the matter is already complete and charge sheet is filed. Perusal of the investigation papers depicts that the applicant has participated in the crime in question without any allegation of use of weapon.
(4) 6.
At the behest of accused Bapoo, Crime No.
138 of 2016 is registered with the same police station against the complainant and his family members for offence punishable under Sections 324, 143, 147, 148, 149, 323, 504 and 506 of the Indian Penal Code including that of victim Vinod.
7.
In view of above, the following order is passed :
(i) The applicant be released on bail in Crime 137 of 2016 registered with Pachora Police Station, District Jalgaon, for the offence punishable under Sections 307, 143, 147, 148, 149, 323, 504, 506 of the Indian Penal Code, on furnishing P.R. Bond of Rs.15,000/- with one or two sureties.
(ii) He shall neither influence the prosecution witnesses nor tamper with the prosecution evidence. (iii) Two consecutive absence of the applicant during the trial before the Court below shall
(5) entail the Court below to initiate proceedings for cancellation of bail.
8.
Criminal Application No. 56 of 2007 stands allowed in above terms.
(N.W. SAMBRE, J.) Tupe