Raj S/O Hilal Mali And ANR v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1830 OF 2016 1.

Raj s/o Hilal Mali, Age : 21 years, Occu. Education 2.

Rakesh s/o Deelip Mali, Age : 25 years, Occu. Labour, Both r/o Old Dhule, Subhash Nagar, Lane No. 14, Dhule, Taluka and District Dhule APPLICANTS

VERSUS

The State of Maharashtra RESPONDENT ---- Mr. H.V. Tungar, Advocate holding for Mr. C.R. Deshpande, Advocate for the applicants Mr. M.B. Bharaswadkar, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 12/04/2016 ORAL ORDER :

1.

Heard both sides.

2.

The present applicants who are arrested by Azad Nagar Police Station, District Dhule in Crime No. 17/2016, registered for the offences punishable under section 307, 323, 332, 333, 353, 143, 147, 148, 149, 504, 506 of the Indian Penal Code and under section 7 of

the Criminal Amendment Act, are praying for their release on bail.

3.

Learned counsel appearing for the applicants files on record the certified copy of the application filed by the investigating officer in the court of learned Judicial Magistrate First Class, which is accepted on record and marked "X" for the purpose of identification. It would show that the investigating officer has requested the learned Judicial Magistrate First Class to delete the offences punishable under section 307 and 333 of the Indian Penal Code in the present case.

4.

The prosecution case is that as two communities had clashed with each other, the police had intervened and in the said incident, the applicants as well as some unknown persons had assaulted the police officials. 5.

The learned A.P.P. fairly submitted that only one injury certificate is collected regarding Rameshsing Pauladsing Pardeshi.

6.

Considering the fact that the present applicants are behind the bars since 24th February, 2016

and now the investigation is complete, they can be released on bail. Hence, the following order : 7.

Both the present applicants be released on bail in Crime No. 17/2016, registered with Azad Nagar Police Station, District Dhule, for the offences punishable under section 307, 323, 332, 333, 353, 143, 147, 148, 149, 504, 506 of the Indian Penal Code and under section 7 of the Criminal Amendment Act, on their executing P.R. bond in the sum of Rs. 15,000/- (Rupees fifteen thousand) each and also upon furnishing surety each in the like amount.

8.

The present application is accordingly allowed and disposed of.

[M.T. JOSHI] JUDGE npj/criapln1830-2016