Chetan Govindsing Chauhan And Other v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2174 OF 2016 Pralhad s/o Govind Panchal, Age : 49 years, Occu. Labourer, R/o Pangaon, Tq. Renapur, District Latur APPLICANT

VERSUS

The State of Maharashtra, through Police Inspector, Police Station, Renapur, Tq. Renapur, District Latur RESPONDENT AND CRIMINAL APPLICATION NO. 1983 OF 2016 1.

Chetan Govindsing Chauhan, Age : 30 years, Occu. Agri.

And Business, R/o Pangaon, Tq. Renapur, District Latur 2.

Chandrakant Rangnathrao alias Raghunath Chavan, Age : 73 years, Occu. Agri., R/o Pangaon, Tq. Renapur, District Latur 3.

Nagnath Chandrakant Chavan, Age : 32 years, Occu. Agri., R/o Pangaon, Tq. Renapur, District Latur APPLICANTS

VERSUS

The State of Maharashtra, through Police Inspector, Police Station, Renapur, Tq. Renapur, District Latur RESPONDENT ---- Mr. S.J. Salunke, Advocate holding for Mr. Shailesh S. Chapalgaonkar, Advocate for the applicant in Criminal Application No. 2174/2016

Mr. V.D. Salunke, Advocate holding for and with Mr. S.J. Salunke, Advocate for the applicants in Criminal Application No. 1983/2016 Mr. A.R. Borulkar, A.P.P. for the respondent-State in both the applications ---- CORAM : M.T. JOSHI, J.

DATE : 18/04/2016 ORAL ORDER :

1.

Heard both sides.

2.

Both the present applications, for grant of regular bail to the applicants therein, have arisen out of Crime No. 43/2016, registered with Renapur Police Station, Taluka Renapur, District Latur, for the offences punishable under section 307, 353, 333, 147, 148, 149, 427, 323 of the Indian Penal Code and under section 7 of the Criminal Law Amendment Act and under section 3 of the Prevention of Damage to Public Property Act and under section 135 of the Bombay Police Act. 3.

Upon hearing both sides, learned counsel for the applicants in Criminal Application No. 1983/2016, on instructions of applicant No.1, submits that said applicant No. 1 - Chetan Govindsing Chauhan wishes to withdraw the present application (Cri. Application No.

1983/2016) to his extent. However, liberty to file similar application in the trial court after the chargesheet is filed, may be granted.

4.

So far as rest of the applicants in both the applications are concerned, the allegations are that they were members of the mob while one Dhananjay Chavan has actually assaulted the police constable and some of the members of the mob were having sticks and stones with them.

5.

Considering the fact that the present applicants are arrested about two months back and finding that the investigation qua them is practically complete, both the applications are allowed to the extent of the rest of the applicants. Hence, the following order :- 6.

Criminal Application No. 1983/2016 to the extent of applicant No. 1 - Chetan Govindsing Chauhan is allowed to be withdrawn with liberty to file similar application in the trial court after the chargesheet is filed.

7.

All the rest of the applicants in both the applications be released on bail in Crime No. 43/2016, registered with Renapur Police Station, Taluka Renapur, District Latur, for the offences punishable under section 307, 353, 333, 147, 148, 149, 427, 323 of the Indian Penal Code and under section 7 of the Criminal Law Amendment Act and under section 3 of the Prevention of Damage to Public Property Act and under section 135 of the Bombay Police 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. Their applications are allowed accordingly. 8.

All the applicants shall attend the investigating officer/concerned police station between 09.00 a.m. to 10.00 a.m. on every second and fourth Tuesday, for a period of four months from the date of their release on bail.

9.

Both the applications are disposed of.

[M.T. JOSHI] JUDGE npj/criapln2174-1983-2016