Satish S/O Devrao Warkad 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. 1576 Of 2015.

SATISH S/O DEVRAO WARKAD.

VERSUS

THE STATE Of MAHARASHTRA.

Appearance => Mr. Ramchandra Nirmal, 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 :- Present Criminal Application is filed by the applicant for grant of bail, in connection with CR No.14/2015 registered with Police Station, Aundha Nagnath, District - Hingoli, for the offences punishable under Section.s. 326, 325, 498(A), 323, 504, 506 read with 34 of the Indian Penal Code.

[2] Heard Mr. Ramchandra Nirmal, learned counsel for the Applicant and Mr. A.S. Shinde, learned Additional Public Prosecutor for the State.

[3] First Information Report is lodged by one Laxmibai Satish Warkad, wife of present applicant. Their marriage took place on 13th

2/3 March, 2012. According to the First Information Report, alleged incident had occurred on 16th February, 2015 and First Information Report is lodged on 24th February, 2015. Thus, there is considerable delay in filing the First Information Report. [4] However, from the accusations made in the First Information Report, it is clear that, the applicant has not given axe blow from its sharp side.

[5] The learned Additional Public Prosecutor submitted that, Investigating Officer has recorded the statement of all eye witnesses and investigation is at the verge of completion. In that view of the matter and looking to the fact that the applicant is in jail since 4th March, 2015, further custodial presence of present applicant is not necessary. In that view of the matter, following order is passed :-

ORDER

(i) Criminal Application is allowed.

(ii) Applicant - SATISH S/O DEVRAO WARKAD 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.14/2015 registered with Police Station, Aundha Nagnath, District - Hingoli, for the offences punishable under Section.s. 326, 325, 498(A), 323, 504, 506 read with 34 of the Indian Penal Code.

3/3 (iii) The applicant shall attend Police Station, Aundha Nagnath, Dist. Hingoli twice in a week, preferably on every Sunday and Monday, between 11.00 a.m. to 2.00 p.m.

(iv) Observations made in this order are only for the purpose of deciding the present application and those shall not be construed as any finding or any expression of opinion on the merits of the case and the learned Judge of Trial Court shall not get himself influenced while conducting the case on merit.

(v) Criminal Application is disposed of.

(V.M. DESHPANDE, J.)