Dadarao S/O Rarotrao Shinde And ANR v. The State Of Maharashtra

Cri.Appln.379/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.379 OF 2016 1.

Dadarao s/o Marotrao Shinde, Age 56 years, Occu. Agriculture 2.

Rama s/o Kashinath Shinde, Age 21 years, Occu. Agriculture, Both R/o Wangi, Taluka and District Parbhani ..Applicants

Versus

.

The State of Maharashtra, Through Officer in-charge of Gramin Police Station, Parbhani Taluka and District Parbhani ..Respondent Mr K.M. Nagarkar, Advocate for applicants Mr K.D. Mundhe, A.P.P. for respondent CORAM : N.W. SAMBRE, J.

DATE : 8th February 2016 PER COURT Heard.

2.

The prayer for grant of pre-arrest bail for applicant No.1 - Dadarao Marotrao Shinde is not pressed. As such, application stands dismissed as withdrawn on his behalf.

3.

So far as applicant No.2 is concerned, he is seeking pre-arrest bail in Crime No.0002/2016 registered on 4th January 2016 at Police Station (Rural), Parbhani for the offences punishable under Sections 143, 147, 342, 323 of Indian Penal Code and under Section 3 (1) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, for an alleged incident dated 3rd January 2016.

Cri.Appln.379/2016 4.

Learned Counsel for the applicant would urge that the applicant No.2 is not named in F.I.R. and there is delay of one day in lodging the F.I.R.

5.

Perused the contents of F.I.R. So far as the offence under the Atrocities Act is concerned, no specific role is attributed to the applicant No.2. Apart from above, the delayed F.I.R. is though sought to be explained, however, same appears to be not explained. As such, the applicant No.2 is entitled to be released on pre-arrest bail. 6.

In the event of arrest in Crime No.0002/2016 registered on 4th January 2016 at Police Station (Rural), Parbhani, for the offences punishable under Sections 143, 147, 342, 323 of Indian Penal Code and under Section 3 (1) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, the applicant No.2 - Rama s/o Kashinath Shinde be released on bail, upon furnishing P.R. Bond of Rs.15,000/- with one surety in the like amount. 7.

The applicant No.2 shall attend the concerned Police Station on 14th and 15th February 2016 between 10.00 a.m. and 12.00 noon and thereafter as and when called.

8.

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