Dhananjay S/O Bhausaheb Jogas v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2136 OF 2016 Dhananjay s/o Bhausaheb Jogas, Age : 20 years, Occu. Student, R/o A/o Narala, Tq. Paithan, District Aurangabad APPLICANT
VERSUS
The State of Maharashtra, through the Police Inspector, Mukundwadi Police Station, Aurangabad, Dist. Aurangabad RESPONDENT AND CRIMINAL APPLICATION NO. 1976 OF 2016 Gajanan Harikishor Babirwal, Age : 20 years, Occu. Education, R/o Vijaynagar, Lane No. 3, Garkheda Parisar, Aurangabad APPLICANT
VERSUS
The State of Maharashtra, at the instance of Mukundwadi Police Station RESPONDENT ---- Mr. Suresh W. Munde, Advocate for the applicant in Criminal Application No. 2136/2016 Mr. Abhaysinh K. Bhosale, Advocate for the applicant in Criminal Application No. 1976/2016 Mr. A.R. Borulkar, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.
DATE : 16/04/2016
ORAL ORDER :
1.
Heard both sides.
2.
In Criminal Application No. 2136/2016, applicant Dhananjay is seeking anticipatory bail while in Criminal Application No. 1976/2016, applicant Gajanan is seeking regular bail, in Crime No. 0177/2016, registered with Mukundwadi Police Station, District Aurangabad, for the offences punishable under section 307, 143, 144, 147, 148, 149 read with section 34 of the Indian Penal Code.
3.
The complaint of the victim of the offence would show that while other named accused had assaulted him and his brother with knife, the present applicants alongwith other twelve named and 2 to 3 un-named accused had abused and manhandled the complainant and his brother as a precursor to the incident of stabbing by the other named accused.
4.
Upon hearing both sides and considering the nature of the injuries suffered by the complainant and his brother and finding the role attributed to the present applicants, in my view, both the applications
need to be allowed. In the circumstances, the following order:- 5.
In the event of arrest of applicant in Criminal Application No. 2136/2016, namely, Dhananjay s/o Bhausaheb Jogas, in Crime No. 177/2016, registered with Mukundwadi Police Station, District Aurangabad for the offences punishable under section 307, 143, 144, 147, 148, 149 of the Indian Penal Code, he be released on bail on his executing P.R. bond in the sum of Rs. 15,000/- (rupees fifteen thousand) and also upon furnishing surety in the like amount.
6.
The applicant - Gajanan Harikishor Babirwal be released on bail in Crime No. 177/2016, registered with Mukundwadi Police Station, District Aurangabad for the offences punishable under section 307, 143, 144, 147, 148, 149 of the Indian Penal Code, on his executing P.R. bond in the sum of Rs. 15,000/- (rupees fifteen thousand) and also upon furnishing surety in the like amount.
7.
Both the applicants shall attend the investigating officer/concerned police station, for the
purpose of investigation/interrogation, on every second and fourth Tuesday between 09.00 a.m. and 10.00 a.m. for a period of four months i.e. in case of applicant Dhananjay Bhausaheb Jogas from fourth Tuesday of April, 2016 and in case of applicant Gajanan Harikishor Babirwal, from succeeding Tuesday after his release on bail.
8.
Both the applications are accordingly allowed and disposed of.
[M.T. JOSHI] JUDGE npj/criapln2136-1976-2016