Suresh S/O Ganpat Dabhade And ANR v. The State Of Maharashtra

-:(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.: 619 OF 2015 SURESH S/O GANPAT DABHADE & ANR

VERSUS

THE STATE OF MAHARASHTRA WITH APPLN/983/2015 DYANESHWAR S/O RATAN LOKHARE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Shaikh Mateen Patel, Advocate h/f Mr. Patel Shaikh Ashpak Taher .

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

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

DATED: 27th FEBRUARY, 2015.

PER COURT:

1.

Notice in the second application. Learned A.P.P. waives notice. As the first application is kept for hearing today, both the applications were heard together. 2.

When this Court expressed that this Court is not inclined to grant relief to applicant Dnyaneshwar S/o Ratan Lokhare, the learned counsel for the Applicant, on instructions, submits that he wants to withdraw the

-:(2):- application. So, Criminal Application No.983 of 2015 filed by Dnyaneshwar S/o Ratan Lokhare is disposed of as withdrawn.

3.

The crime is registered in M.I.D.C. Waluj Police Station under C.R. No.1 of 2015 for offence under punishable under sections 307, etc. etc. of I.P.C. against the Applicants. In the incident dated 31st December, 2014, after 10.30 a.m. the applicants went to the house of brother of complainant. They picked up quarrel and they assaulted him. There is allegation against Dnyaneshwar that he used knife and gave blow on the abdomen of Ambadas. There is allegation against other applicants like Suresh Dabhade and Ganesh Tejankar that they assaulted Ambadas by kick blows and fists. 4.

The injury certificate shows that the injury was inflicted by using knife at abdomen and there was free fluid in abdomen. He was indoor patient from 1st January, 2015 to 11th January, 2015. The injury is described as grievous. There were two other injuries like 2 C.L.Ws. over back but they were simple though they are shown to be caused by sharp object.

5.

Applicant No.1 Suresh and Applicant No.2 Ganesh are behind bars since 17th January, 2015. In view of the nature of allegations made against them, this Court holds that it is not desirable to keep them behind bars till disposal of the

-:(3):- case.

6.

In the result, Criminal Application No. 619 of 2015 is allowed. Both the applicants are to be released on bail on their executing P.R. and S.B. of Rs.30,000/-, with one solvent surety of like amount, by each of them. They are not to tamper with the prosecution witnesses. They are not to commit similar offences. They are not to go to the vicinity of residential place of the complainant and witnesses till the disposal of the case.

[T. V. NALAWADE, J.] Dt.27/02/2015 ans/Bail