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Bombay High CourtAPPLN/1655/2016application allowed

Dnyanoba @ Dnyaneshwar S/. Sopan Gite v. The State Of Maharashtra

2016-03-31Hon'Ble Shri Justice M.T. Joshi3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1655 OF 2016 Dnyanoba @ Dnyaneshwar s/o Sopan Gite, Age : 34 years, Occu. Agri. & Politics R/o Andrud, Tq. Bhoom, Dist. Osmanabad APPLICANT

VERSUS

The State of Maharashtra, through the Police Station, Washi, Tq. Washi, District Osmanabad RESPONDENT ---- Mr. R.N. Dhorde, Senior Advocate instructed by and with Mr. K.R. Doke, Advocate for the applicant Mr. A.S. Shinde, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 31/03/2016 ORAL ORDER :

1.

Heard both sides.

2.

The present applicant who is arrested by Washi Police Station, Taluka Washi, District Osmanabad in Crime No. 31/2016, for the offences punishable under section 353, 341, 143, 147, 149, 120B of the Indian Penal Code and under section 135, 135B of the Bombay Police Act, is praying for his release on bail.

3.

The allegations against the applicant are that on 5th February, 2016, he had obstructed the Government officials when they were making certain inquiry of operation of animal maintenance camps due to the scarcity and had instigated the other accused. 4.

Mr. R.N. Dhorde, learned senior counsel, for the applicant, submits that in fact, the agitation was held and the applicant as well as co-accused are falsely implicated in the crime.

5.

Learned A.P.P., on the other hand, submitted that the present applicant had obstructed the Government officials while they were carrying their official duty. Three offences are already registered against the present applicant, including the offence punishable under sections 452, 354, 395, 307, 323 of the Indian Penal Code.

.

Out of these three offences, learned senior counsel Mr. Dhorde points towards Exhibit-PV-II which would show that the last of the crime was not pressed by the prosecution and the application under section 169 of the Code of Criminal Procedure was filed by the police inspector of police station, Washi.

6.

The present applicant was arrested on 4th March, 2016. The investigation is practically complete. In the circumstances, the following conditional order. 7.

The applicant - Dnyanoba @ Dnyaneshwar s/o Sopan Gite be released on bail in Crime No. 31/2016, registered with Washi Police Station, Taluka Washi, District Osmanabad for the offences punishable under section 353, 341, 143, 147, 149, 120B of the Indian Penal Code and under section 135, 135B of the Bombay Police 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.

8.

For a period of two months from the date of applicant's release on bail, he shall attend Police Station, Washi between 9.00 a.m. to 10.00 a.m. on every Monday.

9.

The present application is accordingly allowed and disposed of.

[M.T. JOSHI] JUDGE npj/criapln1655-2016