Sandeep Shankar Pingalwad, v. The State Of Maharashtra.

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1142 OF 2016 Sandeep s/o Shankar Pingalwad ..APPLICANT

VERSUS

The State of Maharashtra ..RESPONDENT Mr S.C. Bhosle, Advocate for applicant;

Mr A.S. Shinde, Addl. Public Prosecutor for respondent CORAM : N.W. SAMBRE, J.

DATE : 2nd March, 2016 ORDER :

By the present application under section 438 of the Code of Criminal Procedure, the applicant is seeking pre-arrest bail, in connection with C.R. No.197 of 2015, registered with Bhokar police station, Tq. Bhokar, Dist. Nanded, for offences punishable under sections 307, 143, 147, 148 and 149 of the Indian Penal Code.

2.

It is alleged by the complainant in the first information report that the applicant, along with co-accused, has assaulted his son Vinod with sharp weapons. It is further alleged that Sunil has assaulted Vinod by axe, Sandeep and Tukaram by a sickle and Suryakant and others by stones. 3.

In the above background, learned Counsel appearing on behalf of the applicant submits that the applicant is falsely implicated in the crime in question. He would then invite my attention to the another C.R. No.198 of

(2) 2015, registered with 198 of 2015, registered with police station, Bhokar against complainant Ganesh and victim Vinod at the behest of Shankar, the father of the present applicant, for offences punishable under sections 326, 324, 143, 147, 148, 149 and 506 of the Indian Penal Code. Thus, he prays for grant of pre-arrest bail to the applicant. 4.

Learned Addl. Public Prosecutor opposed the application on the ground that the victim has suffered one incised wound which corresponds with the allegation in the first information report. He would then submit that there are eye-witnesses to the incident. He, therefore, prayed to reject the application.

5.

Perused the investigation papers. In view of the counter first information report filed against the complainant by the father of the applicant and the fact that victim Vinod has suffered only one incised wound, in my opinion, probability of involvement of the applicant in commission of the crime in question, as stated in the first information report, appears to be deem. I, therefore, pass the following order :- In the event of arrest of the applicant, in connection with C.R. No.197 of 2015, registered with Bhokar police station, Tq. Bhokar, Dist. Nanded, for offences punishable under sections 307, 143, 147, 148 and 149 of the Indian Penal Code, he be released on bail, on furnishing P.R. Bond of Rs.15,000/- with one surety in the like amount.

(3) The applicant shall attend the concerned police station initially on 7th and 8th March, 2016, between 10.00 a.m. and 12 noon and thereafter as and when called by the Investigating Officer. Criminal Application stands allowed in above terms. (N.W. SAMBRE, J.) amj