Hiraman S/O Lala Bedwal And ANR v. The State Of Maharashtra

1 Cr.Apln. 2103.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2103 OF 2015 Hiraman s/o Lala Bedwal & Anr. .... APPLICANTS V E R S U S The State of Maharashtra .... RESPONDENT .............................

Mr. R.V.Gore, Advocate for Applicants.

Mrs. Pratibha Bharad, A.P.P. for Resp. - State. ..............................

CORAM : V.M.DESHPANDE, J.

DATE : 5th MAY, 2015 .............................

PER COURT :

1.

This is an application for regular bail, since the applicants are arrested in connection with Crime No. 9/2015 registered with police station Kannad, Dist. Aurangabad for the offences punishable u/s 302,323,504 read with 34 of the Indian Penal Code.

2.

Heard Mr. R.V.Gore, learned Counsel for the applicants and Mrs. Pratibha Bharad, learned A.P.P. for

2 Cr.Apln. 2103.2015 respondent - State.

3.

Investigating Officer has already completed entire investigation and charge sheet is filed.

4.

Deceased in the present prosecution case is one Sultan. F.I.R. is lodged on 09/01/2015. From the F.I.R., it is clear that on 08/01/2014 at 9.30 a.m., main accused Subhash was using abusive language and at that time, present applicants were standing with sticks in their hands. F.I.R. further reveals that there was verbal altercation between deceased Sultan and main accused Subhash and at that time Subhash gave knife blow on the abdomen of Sultan. Post mortem report shows single stab injury. Role attributed to the present applicants is that they gave fist blows to Javed. According to the charge sheet, there is no recovery from the present applicants. Looking to nature of accusations made against present applicants in the charge sheet and the role attributed to them, their further custodial presence is not required.

5.

Hence, I pass the following order :

(i) Present Criminal Application is hereby allowed.

(ii) Applicant No. 1 Hiraman s/o Lala Bedwal and applicant No. 2 Satish s/o Hiraman Bedwal be released on bail in connection with

3 Cr.Apln. 2103.2015 Crime No. 9/2015 registered with police station Kannad, Dist. Aurangabad for the offences punishable u/s 302,323,504 read with 34 of the Indian Penal Code on they executing P.R.Bond of Rs. 5,000/- [Rupees Five Thousand] with one solvent surety of like amount. Bail before the trial Court.

(iii) Present applicant Nos. 1 and 2 shall attend police station Kannad once in a fortnight preferably on every Saturday between 10.00 a.m. and 12.00 noon till the Charge is framed by the Court below.

(iv) With these observations, present Criminal Application is disposed of.

[V.M.DESHPANDE, J.] KNP/Cr.Apln. 2103.2015