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Bombay High CourtAPPLN/450/2015disposed off

Shiva S/O Jitendra Sauda And Others v. The State Of Maharashtra

2015-02-17Hon'Ble Shri Justice T.V. Nalawade3 pages

-:(1):- FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CRIMINAL APPLICATION NO.: 450 OF 2015 SHIVA S/O JITENDRA SAUDA AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA WITH APPLN/485/2015 SHUBHAM S/O RAJU PATANGE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Bagal Suraj R.

APP for Respondent: Mr. M. M. Nerlikar.

*** CORAM: T. V. NALAWADE, J.

DATED: 17th FEBRUARY, 2015.

PER COURT:

1.

Both the applications are filed for bail. Both the sides are heard. This Court has perused the papers of investigation.

-:(2):- 2.

The crime is registered on the basis of report given by one Balu Paraswade for offences under section 307, 149 etc. of I.P.C. He has made allegations that on 8th January, 2015 when he and his fried Chaku were returning on motorcycle with other friends. He was intercepted at about 06.00 p.m. near tree in Budhwar Peth. It is his case that the present applicants and others told him that the road was closed at that side and they should use other way. When the complainant insisted for using that road quarrel started. Allegations are made that during the incident accused Vijay Suryawanshi gave blow of road on his head and he became unconscious. Allegations are made that the others gave him abuses.

3.

The injury certificate shows that complainant was taken to the hospital on 9.1.2015 and he was discharged on 10th January, 2015. He received head injury C.L.W. Occipital region. The Applicants are behind bars since 10th January, 2015 and 11th January, 2015. In view of the nature of allegations and material collected against them, this Court holds that it is not desirable to keep the applicants behind bars till the disposal of the case. 4.

In the result, both the applications are allowed.

-:(3):- The applications are to be released on bail on their furnishing P.R. & S.B. of Rs.15,000/- by each of them. They are not to tamper with the prosecution witnesses. They are not to commit similar offences.

[T. V. NALAWADE, J.] Dt.17/02/2015 ans/450