Ramkisan S/O Ganpati Bhalerao And Others v. The State Of Maharashtra

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

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

Criminal Appellate Jurisdiction.

Criminal Application No. 1560 Of 2015.

RAMKISAN S/O GANPATI BHALERAO AND OTHERS.

VERSUS

THE STATE Of MAHARASHTRA.

Appearance => Mr. Shrikant B. Madde, Advocate for Applicants. Mrs. Pratibha Bharad, Additional Public Prosecutor for the State of Maharashtra.

CORAM

:

V.M. Deshpande, J.

DATE :

16th April, 2015.

Per Court :- Present Criminal Application is filed by the Applicants for grant of regular bail in connection with CR No. 51/2015 registered with Police Station, Chakur Taluka - Chakur, District - Latur for the offences punishable under Section/s 323, 324, 307, 504, 506, 147, 148, 149 of the Indian Penal Code.

[2] Heard Mr. Shrikant B. Madde, learned counsel for Applicants and Mrs. Pratibha Bharad, learned Additional Public Prosecutor for the State of Maharashtra.

[3] At the outset, Mr. Shrikant B. Madde, learned counsel for Applicants seeks permission to withdraw application filed on behalf of Applicant No.1 - Ramkisan, Applicant No.2 - Mithun and Applicant No.3 -

2/3 Devidas. Permission is granted. Criminal Application is dismissed as withdraw as against Applicant No.1 - Ramkisan, Applicant No.2 - Mithun and Applicant No.3 - Devidas.

[4] Applicant No.4 - Tarka Ganpati Bhalerao @ Tarka Baburao Kamble and Applicant No.5 - Kamal Ganpati Bhalerao @ Kamal Narayan Mahalinge are ladies. First Information Report is dated 21st February, 2005. it is lodged by injured - Jagannath ganpati Bhalerao. [5] I have gone through the First Information Report and other investigation papers. Presently charge sheet is not filed however, from the investigation papers, which are made available and from the First Information Report, it appears that no specific role is ascribed to the present applicants i.e. Applicant No.4 - Tarka and Applicant No.5 - Kamal, by which it can be said that applicants who are ladies are responsible for any of the injuries. In that view of the matter and looking to the fact that applicants are lady, they can be released on bail. Hence, I pass the following order :-

ORDER

(i) Criminal Application is partly allowed.

(ii) Application filed by Applicant No.1 - Ramkisan, Applicant No.2 - Mithun and Applicant No.3 - Devidas. is dismissed as withdraw.

(iii) Applicant No.4 - Tarka Ganpati Bhalerao @ Tarka Baburao Kamble and Applicant No.5 - Kamal Ganpati Bhalerao @ Kamal Narayan Mahalinge shall be released on regular bail on they executing P.R. Bond of Rs. 5,000/- [Rs.

3/3 Five Thousand.] each with one solvent surety in the like amount, in connection with CR No. 51/2015 registered with Police Station, Chakur Taluka - Chakur, District - Latur for the offences punishable under Section/s 323, 324, 307, 504, 506, 147, 148, 149 of the Indian Penal Code.

(iv) Bail before trial Court.

(v) With these observations, Criminal Application is partly allowed and same is disposed of accordingly.

(V.M. DESHPANDE, J.)