Datta @ Dattatray S/O Ram Bhosale And ORS 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. 1603 Of 2015.
DATTA @ DATTATRAY S/O RAM BHOSALE & ORS.
VERSUS
THE STATE Of MAHARASHTRA.
Appearance => Mr. S.K. Doke Advocate for the Applicants.
Mr. U.H. Bhogale, Additional Public Prosecutor for the State of Maharashtra.
CORAM
:
V.M. Deshpande, J.
DATE :
15th April, 2015.
Per Court :- Present Criminal Application is filed by the Applicants for grant of regular bail, in connection with CR No. 6/2015 registered with Police Station, Ambhi, Taluka - Bhoom, District - Osmanabad for the offences punishable under Section.s. 395, 363 of the Indian Penal Code and under Section 3 read with 25 of the Arms Act, 1959. [2] Heard Mr. S.K. Doke, learned counsel for the Applicants and Mr. U.H. Bhogale, learned Additional Public Prosecutor for the State. [3] At the outset, Mr. S.K. Doke, learned counsel for the Applicants seeks permission to withdraw present Application filed on behalf of Applicant No.2 - Somnath Ram Bhosale. Permission is granted. Criminal Application filed by Somnath Ram Bhosale is dismissed, as withdrawn.
2/3 [4] After hearing the learned counsel for the applicant - Datta and the learned Additional Public Prosecutor for the State, it is clear that, in the First Information Report specific allegations are made against the applicant - Datta that he has put revolver on the forehead of the first informant. The learned Additional Public Prosecutor submitted on the basis of investigation papers that Applicant No.1 - Datta was in police custody remand and during the P.C.R. nothing is recovered; much less revolver is not recovered from him. In that view of the matter, Applicant - Datta can be released on bail, in view of the fact that investigation is on the verge of completion. Hence, I pass the following order :-
ORDER
(i) Criminal Application is partly allowed.
(ii) Criminal Application filed by Applicant No.2 - Somnath Ram Bhosale is dismissed, as withdrawn, with liberty to him to file bail Application afresh before the trial court, after filing of the charge-sheet.
(iii) Applicant - DATTA @ DATTATRAY S/O RAM BHOSALE shall be released on regular bail on he executing P.R. Bond of Rs.15,000/- [Rs. Fifteen Thousand.] with one solvent surety in the like amount, in connection with CR No. 6/2015, registered with Police Station, Ambhi, Taluka - Bhoom, District - Osmanabad for the offences punishable under Section.s. 395, 363 of the Indian Penal Code and under Section 3 read with 25 of the Arms Act, 1959.
3/3 (iv) Applicant - DATTA @ DATTATRAY S/O RAM BHOSALE shall attend the Police Station, Ambhi, Taluka - Bhoom, District - Osmanabad once in a week, preferably on every Sunday, between 10.00 a.m. to 12.00 Noon, till ChargeSheet is filed. (v) Bail before trial court.
(V.M. DESHPANDE, J.)