Anna S/O Dagadu Dhole And ORS v. The State Of Maharashtra And ANR

Cri.Appln.457/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.457 OF 2016 1.

Anna s/o Dagadu Dhole, Age 55 years, Occu.Agri., 2.

Dhananjay s/o Anna Dhole, Age 30 years, Occu. Agri., 3.

Uttam s/o Limbaji Dhole, Age 45 years, Occu. Agri., 4.

Rahul s/o Uttam Dhole Age 22 years, Occu. Education 5.

Digambar s/o Ramkisan Dhole, Age 36 years, Occu. Agri., R/o Tembhapuri, Taluka Gangapur, District Aurangabad ..

Applilcants

Versus

1.

The State of Maharashtra, through Superintendent of Police, Aurangabad, District Aurangabad 2.

The Police Inspector, Waluj Police Station, Taluka Gangapur, District Aurangabad ..

Respondent Mr Yogesh B. Bolkar, Advocate for applicants Mr A.S. Shinde, A.P.P. for respondents CORAM : N.W. SAMBRE, J.

DATE : 8th February 2016 PER COURT Heard.

2.

The applicants are seeking pre-arrest bail in Crime No.2 of 2016, registered at Police Station, Waluj, District Aurangabad, for the offences punishable under Sections 307, 143, 147, 325, 324, 504, 506 read with sec.34 of Indian Penal Code, for an alleged incident dated 6th January 2015 to 19th January 2015.

Cri.Appln.457/2016 3.

It is claimed by the complainant against the applicants that they have assaulted him, his father and his grandmother. 4.

The offence came to be registered pursuant to order passed under Section 156 (3) of Cr.P.C.

5.

Perused the investigation papers and other papers. It is only Ganesh has suffered injury of abrasion and blunt trauma, which are simple in nature. In my opinion, in view of delayed complaint and medical evidence, as is available, the custodial interrogation of the applicants is not necessary. As such, they are entitled to be released on pre-arrest bail.

6.

In the event of arrest in Crime No.2 of 2016, registered at Police Station, Waluj, District Aurangabad, for the offences punishable under Sections 307, 143, 147, 325, 324, 504, 506 read with sec.34 of Indian Penal Code, the applicants be released on bail, upon furnishing P.R. Bond of Rs.15,000/- with one surety in the like amount, by each of them.

7.

The applicants 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.

7.

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