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Bombay High CourtAPPLN/2230/2015disposed off

Bhimrao W/O Janardhan Deshmukh v. The State Of Maharashtra And ANR

2015-05-05Hon'Ble Shri Justice V.M. Deshpande2 pages

G.A.Ghule 1/2 cri.appln. 2230.15..sxw [P.A.]

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

Criminal Appellate Jurisdiction.

CRIMINAL APPLICATION NO. 2230 OF 2015.

BHIMRAO JANARDHAN DESHMUKH.

VERSUS

THE STATE OF MAHARASHTRA.

Appearance => Mr. Vikram Undre, Advocate for the Applicant. Mrs. V.A. Shinde, Additional Public Prosecutor for the State of Maharashtra.

CORAM

:

V.M. Deshpande, J.

DATE :

5th May, 2015.

Per Court :- Present Criminal Application is filed by Applicant for grant of anticipatory bail, since he is apprehending his arrest in connection with CR No. I 43/2015 registered with Police Station, Washi, Taluka - Washi, District - Osmanabad for the offences punishable under Section.s. 307, 326, 143, 144, 145, 146, 147, 148, 149 of the Indian Penal Code. [2] Heard Mr. Vikram Undre, learned counsel for the Applicant and Mrs. V.A. Shinde, learned Additional Public Prosecutor for the State. [3] First Information Report is lodged by Avinash Appasaheb Chavhan. The learned Additional Public Prosecutor has handed over copy of affidavit in reply filed by the Investigating Officer - Sheshrao Pandurang

2/2 cri.appln. 2230.15..sxw Pawar, Assistant Police Inspector, Police Station, Washi, Taluka - Washi. Same is taken on report.

[4] Affidavit in reply of Investigating Officer reveals that only role attributed to the present Applicant is that he alongwith other co-accused has used fist and kick blows while making assault on the Complainant. [5] In that view of the matter and looking to the nature of allegations made against the present Applicant, his custodial presence is not necessary. Hence, present Application is required to be allowed, which leads me to pass the following order :-

ORDER

(i) Criminal Application is allowed.

(ii) In the event of arrest, Applicant - BHIMRAO JANARDHAN DESHMUKH shall be released on anticipatory bail on he executing P.R. Bond of Rs. 5,000/- [Rs. Five Thousand.] with one solvent surety in the like amount, in connection with CR No. I 43/2015 registered with Police Station, Washi, Taluka - Washi, District - Osmanabad for the offences punishable under Section.s. 307, 326, 143, 147, 148, 144, 145, 146, 149 of the Indian Penal Code.

(iii) With this Criminal Application is allowed and same is disposed of accordingly.

(V.M. DESHPANDE, J.)