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Bombay High CourtAPPLN/1199/2015disposed off

Rahul S/O Nivrutti Sukhdhan And ANR v. The State Of Maharashtra

2015-04-06Hon'Ble Shri Justice V.M. Deshpande3 pages

1 Cr.Apln. 1199.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1199 OF 2015 Rahul S/o Nivrutti Sukhdhan & Anr. .... APPLICANTS V E R S U S The State of Maharashtra .... RESPONDENT .............................

Mrs. M.A.Kulkarni, Advocate for Applicants.

Mrs. V.A.Shinde, A.P.P. for Respondent - State. ..............................

CORAM : V.M.DESHPANDE, J.

DATE : 6th APRIL, 2015 .............................

PER COURT :

1.

The applicants are seeking bail in connection with Crime No. 302/2014 registered with police station Gangapur, Dist. Aurangabad for the offences punishable u/s 307, 326, 323, 143, 147, 148, 149 of the Indian Penal Code, 1860. 2.

Heard Mrs. M.A.Kulkarni, learned Counsel for the applicants and Mrs. V.A.Shinde, learned A.P.P. for the respondent - State.

3.

The F.I.R. was lodged on 06/12/2014 against the present applicants by injured Ramesh Narwade, who alleges that due to the previous dispute, applicant Ravi gave stick blow on his head. At the same time, applicant Rahul gave

2 Cr.Apln. 1199.2015 knife blow on his hand. It is also alleged that the first informant's mother Kadubai was also assaulted by stick. 4.

The investigation is already over. Charge sheet is also filed. Looking to the nature of the injuries and looking to the fact that there is no possibility to convert the present offence into more graver, the continuance of the custodial presence of the applicants is not required.

5.

Hence, I pass the following order :

(i) The present Criminal Application is hereby allowed.

(ii) Applicant No. 1 Rahul s/o Nivrutti Sukhdhan and applicant No. 2 Ravi s/o Trimbak Sukhdhan be released on bail in connection with Crime No. 302/2014 registered with police station Gangapur, Dist. Aurangabad for the offences punishable u/s 307, 326, 323, 143, 147, 148, 149 of the Indian Penal Code, 1860 on they executing P.R.Bond of Rs. 10,000/- [Rupees Ten Thousand] with one solvent surety of like amount by each of them.

(iii) The applicants shall attend police station Gangapur once in a fortnight preferably on every Sunday between 3.00 p.m.

and 4.00 p.m. till the Charge is framed.

(iv) The present Criminal Application is

3 Cr.Apln. 1199.2015 disposed of.

[V.M.DESHPANDE, J.] KNP/Cr.Apln. 1199.2015