Kamlakar S/O Ratan Taur And Other v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 1980 OF 2016 Kamlakar s/o Ratan Taur and others ...Applicants

VERSUS

The State of Maharashtra

...Respondent

.....

Shri R.N.Kachve, advocate for applicants Shri S.D.Ghayal, A.P.P. for respondent/State .....

CORAM : INDIRA K.JAIN, J.

DATED : 28th April, 2016 O R D E R :

Shri R.N.Kachve, learned counsel submits that he has instructions to appear in the matter on behalf of applicants. In view of this, Shri S.S.Panale, learned counsel for applicants is discharged. 2] Heard Shri R.N.Kachve, learned counsel for applicants and Shri S.D.Ghayal, learned A.P.P. for State. Perused papers of investigation.

3] Here is an application for regular bail in Crime No. 57 of 2016, registered at Killari police station, District Latur for the offences punishable under Sections 307, 504 and 506 r/w 34 of the Indian Penal Code.

4] The first informant Sambhaji Govind Sagar is a mason. On 15.3.2015 he was called by Vijaykumar Digambarrao Taur to construct the compound wall. It is alleged that before two days of the incident there was altercation between applicant no.1 and Vijaykumar and applicant no.1 had obstructed to carry on the construction. At the time of incident at 11.00 a.m. when Mason Sambhaji was constructing wall it is alleged that applicants went there and assaulted him with an axe and stick. He sustained injuries and was admitted to hospital. Then first information report was lodged.

5] On perusal of injury certificate it appears that complainant sustained six injuries i.e. four abrasions and two contusions. All were simple injuries. Major part of investigation is over. Custodial interrogation of applicants is not necessary. They are permanent residents of Banegaon, Taluka Ausa, District Latur and there is no likelihood of their fleeing from justice.

6] In the above background, this Court finds that no fruitful purpose would be served in keeping the applicants in further custody. Hence the following order.

O R D E R

(i) Criminal Application No. 1980 of 2016 is allowed.

(ii) Applicants are released on bail on P.B. and S.B. of Rs.15,000/- each.

(iii) Applicants shall not tamper with prosecution evidence and shall make themselves available as and when required.

(iv) Bail before the Trial Court.

[INDIRA K.JAIN, J.] dbm/crap1980.16