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Bombay High CourtAPPLN/517/2015disposed off

Mangesh Kisan Tarde And ANR v. The State Of Maharashtra

2015-02-17Hon'Ble Shri Justice T.V. Nalawade2 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. 517 OF 2015 MANGESH KISAN TARDE & ANR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Jadhav Satej S . APP for Respondent: Mr. M. M. Nerlikar.

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

DATED: 17th FEBRUARY, 2015.

PER COURT:

1.

This application is filed for bail. Both the sides are heard. This Court has perused the papers of investigation. 2.

Learned counsel for the Applicant produced copy of order made by this Court in in Criminal Application No.43 of 2015 showing that two other accused of the present crime are granted bail by this Court.

3.

The crime is registered on the basis of report given by one Ketan Sogle for offence under section 395, 427, 504 etc. of I.P.C. He works in one hotel by name Suryoday. According to him, at about 10.15 p.m. on 30th November, 2014 when he was present on the counter of the hotel, present applicants came there to have dinner. They were drunk.

-:(2):- One of them started vomiting. When the applicant asked him to go out side the hotel, they picked up quarrel and they threw chair at the complainant. During the incident, he lost one gold chain. According to him, the applicants called their persons and 6, 7 persons came there in four wheeler and gave beating to the complainant. He made allegations that the cash amount of Rs.2 Lakh was taken away during the incident.

4.

The investigation must have completed. The applicants are behind bars since 1st December, 2014. In view of nature of the allegations and the material collected against the applicants, this Court holds that it is not desirable to keep the applicants behind bars till the disposal of the case.

5.

In the result, the application is allowed. The applicants are to be released on bail on their furnishing P.R. and S.B. of Rs. 30,000/- with one solvent surety, by each of them. 6.

They are is not to tamper with the prosecution witnesses. They are not to commit similar offence. They are is not to go to the vicinity of the residential place of the complainant and the aforesaid hotel.

[T. V. NALAWADE, J.] Dt.17/02/2015 ans/517