Parasram S/O Jairam Ingole v. The State Of Maharashtra
1 appln2436&2489-15
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2436 OF 2015
1. Kusum w/o Parasram Ingole Age 40 years, Occupation: Labour R/o Gugul Pimpri Tq. Sengaon, Dist. Hingoli
2. Panjab s/o Madhukar Ingole ... Applicants Age 35, Occupation: Labour R/o As above.
Versus
The State of Maharashtra Through Police Station Officer, Police Station Goregaon, Taluka: Sengaon District: Hingoli.
... Respondent WITH CRIMINAL APPLICATION NO. 2489 OF 2015 Parasram s/o Jairam Ingole Age 45 years, Occupation: Labour R/o Gugul Pimpri Tq. Sengaon, Dist. Hingoli ... Applicant
Versus
The State of Maharashtra Through Police Station Officer, Police Station Goregaon, Taluka: Sengaon District: Hingoli.
... Respondent Mr. Hanmant V. Patil, Advocate for the applicants Mrs. Pratibha Bharad, APP for the Respondent-State.
CORAM
:
V. M. DESHPANDE, J.
DATE :
11th June, 2015 1/4
2 appln2436&2489-15 PER COURT :
1.
These two applications can be disposed of by this common order since both the applications arise out of Crime No.13/2015 registered with Police Station Goregaon, District Hingoli for the offences punishable under sections 354-A, 326, 323, 504 read with 34 of the Indian Penal Code.
2.
Criminal Application No. 2436/2015 is for anticipatory bail whereas Criminal Application No. 2489/2015 is for regular bail. Application for regular bail is filed by Parasram who is husband of Kusum and father of Amol who is not before the Court presently. 3.
I have heard Shri Hanmant V. Patil, learned counsel for the applicants in both the applications and Mrs. Pratibha Bharad, learned Additional Public Prosecutor for the State.
4.
The first information report is lodged by Vimal Ingole. From the first information report, it is clear that role of assault is attributed to applicant Parasram that he has assaulted by means of handle of axe. Injury certificate shows that though first informant has received grievous injury, it is received on her shoulder. 5.
Insofar as the applicants Kusam and Panjab who are 2/4
3 appln2436&2489-15 claiming anticipatory bail are concerned, allegations are that Kusum caught hairs of Vimal whereas Panjab has given some first blows to her.
6.
Applicant Parasram is arrested on 07.04.2015 and since then he is in jail.
7.
Insofar as outrage of modesty part is concerned, all allegations are made against Amol who is already in jail. Weapon is already seized. Looking to the nature of injury and looking to the fact that the applicant Parasram has not used sharp side of the weapon his further custodial presence is not required. In view of the allegations made against the applicants Kusum and Panjab, their custodial presence is not necessary for further investigation. In that view of the matter I pass following order:
O R D E R
i. Criminal applications are allowed.
ii. Applicants 1) Kusum w/o Parasram Ingole and 2)Panjab s/o Madhukar Ingole in Criminal Application No. 2436 of 2015 shall be released on bail in the event of their arrest in connection with Crime No.13/2015 registered with Police Station Goregaon, District Hingoli for the offences punishable under sections 354-A, 326, 323, 504 read with 34 of the Indian Penal Code on their executing P.R. Bond of Rs.5000/- 3/4
4 appln2436&2489-15 (Rs. Five Thousand only) each with one solvent surety in the like amount.
iii. The Applicant Parasram s/o Jairam Ingole in Criminal Application No. 24896 of 2015 shall be released on bail in connection with Crime No.13/2015 registered with Police Station Goregaon, District Hingoli for the offences punishable under sections 354-A, 326, 323, 504 read with 34 of the Indian Penal Code on he executing P.R. Bond of Rs.10000/- (Rs. Ten Thousand only) with one solvent surety in the like amount. Bail before the Trial Court.
(V. M. DESHPANDE, J. ) JPC 4/4