Dattatraya S/O Gitaram Wavare 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. 1424 Of 2015.

DATTATRAYA S/O GITARAM WAVARE.

VERSUS

THE STATE Of MAHARASHTRA.

Appearance => Mr. Santosh S.Jadhavar, Advocate for the Applicant. Mr. A.S. Shinde, Additional Public Prosecutor for the State of Maharashtra.

CORAM

:

V.M. Deshpande, J.

DATE :

6th April, 2015.

Per Court :- At the outset the learned Additional Public Prosecutor submitted that, in paragraph No.4 of affidavit-in-reply filed by Sunil Motiram Medhe, Assistant Police Inspector, Police Station, Parner, District - Parner, inadvertently, it is mentioned that "there is a bar under Section 18 of Prevention of Atrocities Act." [2] He tendered apology for such typographical mistake and seeks permission to delete the said line. The learned Additional Public Prosecutor is permitted to delete the said line from Paragraph No.4 of the reply filed by Investigating Officer - Assistant Police Inspector - Sunil Motiram Medhe.

2/3 [3] By the present applicant, the applicant is seeking his enlargement on bail in connection with CR No. 51/2015 registered with Police Station, Parner, District - Ahmednagar for the offences punishable under Section.s. 354(A), 354(D), 504, 506 of the Indian Penal Code.

[4] Heard Mr. Santosh Jadhavar, learned counsel for the Applicant and Mr. A.S. Shinde, learned Additional Public Prosecutor for the State.

[5] First Information Report is recorded on 14th February, 2015. Since then the applicant is in jail. The applicant is a Driver. The husband of First Informant is also Driver.

[6] Looking to the nature of accusations and looking to the fact that, investigation is almost over and only formality of filing of the Charge-Sheet is to be done, further continuance of the applicant in jail will not sub-serve any purpose. Hence, following order is passed :-

ORDER

(i) Criminal Application is allowed.

(ii) Applicant - DATTATRAYA S/O GITARAM WAVARE shall be released on bail on he executing P.R. Bond of Rs. 5,000/- [Rs. Five Thousand.] with one solvent surety in the like amount, in connection with CR No. 51/2015 registered with Police Station, Parner, District -

3/3 Ahmednagar for the offences punishable under Section.s. 354(A), 354(D), 504, 506 of the Indian Penal Code. (iii) The applicant shall attend Police Station, Parner, District - Ahmednagar once in fortnight, preferably on every Sunday, between 9.00 a.m. to 11.00 a.m. (iv) Criminal Application is disposed of.

(V.M. DESHPANDE, J.)