Popat S/O Jalindar Bhawale And ORS v. The State Of Maharashtra

G.A.Ghule [P.A.] 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

CRIMINAL APPELLATE JURISDICTION.

Criminal Application No.1283 Of 2015.

Popat s/o Jalindar Bhawale & Ors.

:: Applicants.

Versus.

The State of Maharashtra.

:: Respondent.

Appearance => Mr. Kailas More, Advocate for the Applicants. Mr. A.S. Shinde, Additional Public Prosecutor for the State of Maharashtra.

CORAM

:

V.M. DESHPANDE, J.

DATE :

17th MARCH, 2015.

Per Court :- Present Criminal Application is filed by the applicants for grant of anticipatory bail, since they are apprehending arrest in connection with CR No. 8/2015 registered with Police Station, Beed (Rural) Dist. Beed for the offences punishable U/Section.s. 326, 336, 323, 147, 148, 149, 504, 506 of the Indian Penal Code. [2] The date of incident is 19th January, 2015 and the First Information Report is recorded on 20th January, 2015. [3] According to the prosecution, five persons are injured. Mr. A.S. Shinde, learned Additional Public Prosecutor pointed out the injury certificates of the injured persons. Mr. Kailas More, learned

2/3 counsel for the applicants has submitted that all the injures suffered by the injured persons are simple in nature.

[4] After perusal of the injury certificates, it is clear that, except the injury suffered by Sattar Pathan, on his ulna, all the injuries suffered by all other injured persons are simple in nature. [5] With the assistance of the learned Additional Public Prosecutor, I have gone through the statements of injured - Sattar Pathan. His statement recorded during the course of investigation clearly shows that, injury suffered to him, cannot be ascribed to any of the applicants.

[6] In that view of the matter and looking to the fact that injuries are simple in nature, and as in the present case, this court has already granted ad interim bail, I feel, discretion can be exercised in favour of present applicants. Hence, I pass the following order :-

ORDER

(i) In the event of arrest, the applicants shall be released on bail on they executing P.R. Bond of Rs. 15,000/- [Rs. Fifteen Thousand] each with one solvent surety in the like amount, in connection with CR No. 8/2015 registered with Police Station, Beed (Rural) Dist. Beed for the offences punishable U/Section.s. 326, 336, 323, 147, 148, 149, 504, 506 of the Indian Penal Code.

3/3 (ii) The applicants shall attend the Police Station, Beed (Rural) Dist. Beed on every Friday and Monday, between 9.00 a.m. to 12.00 noon till filing of the charge-sheet. (iii) The Applicants shall not tamper, in any manner whatsoever, with the prosecution evidence.

(iv) Criminal Application is disposed of.

(V.M. DESHPANDE, J.)