Samadhan S/O Mahadeo Shitole And ANR v. The State Of Maharashtra

1/2 cri.appln. 1638.15..sxw G.A.Ghule [P.A.]

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

Criminal Appellate Jurisdiction.

Criminal Application No. 1638 Of 2015.

SAMADHAN S/O MAHADEO SHITOLE & ANR.

VERSUS

THE STATE Of MAHARASHTRA.

Appearance => Mr. Tukaram Venjane, Advocate for the Applicants. Mrs. V.A. Shinde, Additional Public Prosecutor for the State of Maharashtra.

CORAM

:

V.M. Deshpande, J.

DATE :

7th April, 2015.

Per Court :- Present Criminal Application is filed by the Applicants for grant of anticipatory bail, since they are apprehending their arrest in connection with CR No. 9/2015 registered with Police Station, Shiradhon Taluka - Kallamb, District - Osmanabad for the offences punishable under Section.s. 327, 334, 341, 504, 506 read with 34 of the Indian Penal Code. [2] Heard Mr. Tukaram Venjane, learned counsel for the Applicants and Mrs. V.A. Shinde, learned Additional Public Prosecutor for the State of Maharashtra.

[3] First Information Report is lodged by one Balasaheb Haribhau Shitole. In the First Information Report, specific accusation is made against accused No.1 - Samadhan that he assaulted Balasaheb on his head by means of iron rod, resulting into sustaining injury on his head. Mrs. V.A. Shinde,

2/2 cri.appln. 1638.15..sxw learned Additional Public Prosecutor has fairly stated that injured Balasaheb Haribha Shitole was referred to Primary Health Center, Shiradhon, Taluka - Kallamb, District - Osmanabad. Doctor has given the certificate, which is part and parcel of investigation papers which shows that, there is no injury on the person of Balasaheb, on his head. [4] In that view of the mater, it is clear that, the Applicants are entitled for discretionary relief from this court that leads me to pass the following order :-

ORDER

(i) Criminal Application is allowed.

(ii) Applicant No.1 - SAMADHAN S/O MAHADEO SHITOLE and Applicant No.2 - BALAJI BAPURAO ALTE shall be released on anticipatory bail on they executing P.R. Bond of Rs. 5,000/- [Rs. Five Thousand.] each with one solvent surety in the like amount, in connection with CR No. 9/2015 registered with Police Station, Shiradhon Taluka - Kallamb, District - Osmanabad for the offences punishable under Section.s. 327, 334, 341, 504, 506 read with 34 of the Indian Penal Code.

(V.M. DESHPANDE, J.)