Sanjay S/O Dattatrya Jadhav And ANR v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1029 OF 2016 1.

Sanjay s/o Dattatrya Jadhav, Age : 41 years, Occu. Business, R/o Loni (Kh.), Tq. Vaijapur, District Aurangabad 2.

Babasaheb s/o Sheshrao Nikam, Age : 36 years, Occu. Agri., R/o Chikatgaon, Tq. Vaijapur, District Aurangabad APPLICANTS

VERSUS

The State of Maharashtra, through the Police Inspector, Shivoor Police Station, Tq. Vaijapur, Dist. Aurangabad RESPONDENT ---- Mr. Rahul R. Karpe, Advocate for the applicants Mr. M.B. Bharaswadkar, A.P.P. for the respondent-State Mr. J.V. Deshpande, Advocate to assist the A.P.P. ---- CORAM : M.T. JOSHI, J.

DATE : 14/03/2016 ORAL ORDER :

1.

Heard both sides.

2.

The present applicants, who are arrested by Shivoor Police Station, Taluka Vaijapur, District Aurangabad in Crime No. I-166/2015, registered for the offences punishable under section 307, 395, 323, 504,

506, 143, 147, 148, 149, 427, 435 of the Indian Penal Code and under section 3 (i) (iii) (X) (XI), 3 (2), (iii) (iv) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, are praying for their release on bail.

3.

Upon hearing both sides, it is gathered that in Criminal Applications No. 7015/2015 and 7016/2015, this court, vide order dated 18th January, 2016, directed to release on bail eleven accused persons in the same crime. The present applicants are alleged to have initiate the incident wherein allegedly, a mob of 100 to 150 persons had marched towards the house of the complainant with sticks, swords, steel bars and stones. 4.

It is already noted by this Court that the victim had suffered simple injuries and the investigation is completed.

5.

Considering all these facts on record, both the present applicants be released on bail in Crime No. I166/2015, registered with Shivoor Police Station, Taluka Vaijapur, District Aurangabad for the offences punishable under section 307, 395, 323, 504, 506, 143,

147, 148, 149, 427, 435 of the Indian Penal Code and under section 3 (i) (iii) (X) (XI), 3 (2), (iii) (iv) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, on each of them executing P.R. bond in the sum of Rs. 20,000/- (rupees twenty thousand) each and also upon furnishing surety each in the like amount.

.

Further, both the applicants are directed not to enter the territorial limits of village Loni (Khurd), Taluka Vaijapur, District Aurangabad for a period of two years or till the trial is over, whichever occurs earlier, except without prior permission from the concerned court.

.

The applicants shall not attempt to influence any of the prosecution witnesses in any manner. 6.

The present application is accordingly allowed and disposed of.

[M.T. JOSHI] JUDGE npj/criapln1029-2016