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Bombay High CourtAPPLN/1168/2015disposed off

Mangesh S/O Dilip Wankhede (Patil) v. The State Of Maharashtra And ANR

2015-03-11Hon'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.: 1168 OF 2015 MANGESH S/O DILIP WANKHEDE (PATIL)

VERSUS

THE STATE OF MAHARASHTRA & ANR WITH APPLN/1204/2015 LAXMAN PANDURANG KOLI @ YELWE & ANR

VERSUS

THE STATE OF MAHARASHTRA & ANR WITH APPLN/1258/2015 IN APPLN/1204/2015 MANGESH S/O DILIP WANKHEDE (PATIL)

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH APPLN/1259/2015 IN APPLN/1168/2015 LAXMAN PANDURANG KOLI @ YELWE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. Autade Kaias B. / Mr. Pawar P.B.

APP for Respondent Nos.1 and 2; Mr. A. V. Deshmukh. *** CORAM: T. V. NALAWADE, J.

DATED: 11th MARCH, 2015.

-:(2):- PER COURT:

1.

Criminal Application No.1168 of 2015 is filed for relief of anticipatory bail in C.R. No.106 of 2014 registered in Nardana Police Station, Tahsil Sindkheda, District Dhule for offence punishable under section 395, 452, 149 etc. of I.P.C. Criminal Application No.1204 of 2015 is filed for similar relief in C. R. No.110 of 2014 registered in the same police station for similar offence. Both the sides are heard.

2.

The other two application Nos. 1259 of 2015 and 1204 of 2015 are filed by the original complainants viz. Laxman Koli and Mangesh Dilip Wankhede Patil. They have filed affidavits to the effect that due to misunderstanding they had mentioned that they had lost their articles and the offence of robbery was committed. The learned counsel for the Applicants submitted that the parties have settled the dispute and they want to live in the village peacefully. Though the previous applications of the applicants were rejected by this Court, this Court holds that in view of the change in circumstances, protection needs to be given to the applicants.

3.

In the result, the applications are allowed. In case

-:(3):- of arrest of the applicants in the aforesaid offence they are to be released on bail on their furnishing P.R. and 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 offence. They are to attend the concerned police station for a period of one month on every Sunday between 09.00 a.m. and 12.00 p.m. and cooperate the police during investigation.

4.

Leave to correct the name of applicant Laxman Pandurang Koli alias Yelwe is allowed.

5.

The Criminal Applications seeking permission to assist learned A.P.P. are allowed and disposed of. [T. V. NALAWADE, J.] Dt.11/03/2015 ans/1168