Baban S/O Kondiba Gadilkar v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1518 OF 2016 Baban s/o Kondiba Gadilkar, Age : 60 years, Occu. Agri., R/o Waghunde Bk., Taluka Parner, District Ahmednagar APPLICANT
VERSUS
The State of Maharashtra through Police Station Officer, Supa Police Station, Taluka Parner, District Ahmednagar RESPONDENT ---- Mr. Niteen V. Gaware, Advocate for the applicant Mr. A.R. Borulkar, A.P.P. for the respondent-State Mr. N.C. Garud and Mr. G.D. Tanpure, Advocates to assist the A.P.P.
---- CORAM : M.T. JOSHI, J.
DATE : 30/03/2016 ORAL ORDER :
1.
Heard both sides.
2.
The present applicant who is arrested by Supa Police Station, Taluka Parner, District Aurangabad, in Crime No. I-32/2016, registered for the offences punishable under section 307, 447, 427, 143, 147, 148, 149, 504, 506 of the Indian Penal Code and under section 3 read with section 25 and 27 of the Arms Act and under section 3 (2) (5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, is praying for
his release on bail.
3.
The allegations against the present applicant and six other co-accused are that they had instigated the principal accused Rahul Baban Gadilkar and said principal accused had shot a round from a gun, injuring the complainant on his back.
4.
The applicant was arrested on 23rd February, 2016.
5.
Learned counsel for the applicant submitted that the investigation is almost completed. The rest of the accused against whom similar allegations are there have been already released even on anticipatory bail by the learned Sessions Judge, Ahmednagar in Criminal Bail Application No. 278/2016 vide order dated 29th March, 2016. Copy of the said order is produced on record which is accepted on record and marked "X" for the purpose of identification.
6.
Learned A.P.P. and learned counsel assisting to A.P.P. opposed the application.
7.
In the circumstances, considering the overall
material on record, the applicant can very well be released on bail. Hence, the following order :- 8.
The applicant - Baban s/o Kondiba Gadilkar be released on bail in Crime No. I-32/2016, registered with Supa Police Station, Taluka Parner, District Ahmednagar, for the offences punishable under section 307, 447, 427, 143, 147, 148, 149, 504, 506 of the Indian Penal Code and under section 3 read with section 25 and 27 of the Arms Act and under section 3 (2) (5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, on his executing P.R. bond in the sum of Rs. 15,000/- (rupees fifteen thousand) and also upon furnishing surety in the like amount.
.
The applicant shall not attempt to influence any of the prosecution witnesses in any manner. 9.
The present application is accordingly allowed and disposed of.
[M.T. JOSHI] JUDGE npj/criapln1518-2016