Dharmraj S/O Uttam Mali And ORS v. The State Of Maharashtra

crap1177.15 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1177 OF 2015 [Dharmraj s/o Uttam Mali and ors. Vs The State of Maharashtra] _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court's or Judge's orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Shri R.G.Hange, advocate for applicants Shri A.S.Shinde, A.P.P. for respondent .....

CORAM : V.M.DESHPANDE, J.

DATED : 27th March, 2015 PER COURT :- 1] By this application, the present applicants are seeking their enlargement on bail in connection with Crime No. 197 of 2014, registered with Georai police station, for the offences punishable under Section 143, 147, 148, 302, 324, 323 r/w 149 of the Indian Penal Code.

2] I have heard learned counsel for the applicants and the learned Additional Public Prosecutor for respondent/State.

3] The investigating agency has already completed its entire investigation and charge sheet is already filed. 4] The first information report is lodged on 5.10.2014 in respect of the occurrence of 3.10.2011 with police station Georai. The first information report was recorded by Anil Tukaram Mali the son of deceased Tukaram Mali. From the allegations made in the first information report, there was a dispute on earlier date of the occurrence in respect of one musical instrument. On the day of the occurrence, from the accusation made in the charge sheet, it is clear that the murderous assault on the deceased was not made by the

crap1177.15 present applicant. In view of the fact that the charge sheet is already filed and murderous assault was not made by the present applicants, it will not subserve any purpose by keeping the applicants in jail. Hence, I pass following order.

O R D E R

(i) Criminal Application is allowed.

(ii) Applicant nos. 1 to 4 shall be released on bail on they each executing P.R. Bond in the sum of Rs.5,000/- with one solvent surety in the like amount by each of them, in connection with Crime No. 197 of 2014, registered with Georai police station, for the offences punishable under Section 143, 147, 148, 302, 324, 323 r/w 149 of the Indian Penal Code.

(iii) Applicant shall attend police station Georai once in a week till the charge is framed by the learned Sessions Judge.

(v) Criminal Application is disposed of.

(V.M.DESHPANDE, J.) dbm/crap1177.15