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Bombay High CourtAPPLN/2522/2015disposed off

Balaji S/O Prakashrao Mundhe v. The State Of Maharashtra And ORS

2016-01-07Hon'Ble Shri Justice Nitin W. Sambre2 pages

criap2522.15 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2522 OF 2015 Balaji s/o Prakashrao Mundhe ..APPLICANT

VERSUS

The State of Mah. & ors.

..RESPONDENTS Mr A.D. Aghav, Advocate for applicant;

Mr M.B. Bharaswadkar, Addl. Public Prosecutor for respondent no.1 CORAM : N.W. SAMBRE, J.

DATE : 7th January, 2016 ORDER :

By the resent application under section 439 (2) of the Code of Criminal Procedure, the applicant - complainant is seeking cancellation of pre-arrest bail granted to respondents no.2 to 6, in connection with C.R. No.12 of 2015, registered with Basamba police station, for offences punishable under sections 326, 143, 147, 148 and 149 of the Indian Penal Code, by the learned Additional Sessions Judge, Hingoli, vide order dated 7th March, 2015, passed in Criminal Misc. Application No.30 of 2015. 2.

It is the case of the applicant that the learned Additional Sessions Judge, without appreciating the medical evidence has granted pre-arrest bail and as such, the learned Counsel appearing on behalf of the applicant invited attention of this Court to the medical papers.

criap2522.15 (2) 3.

Perused the medical papers. The injury certificate of the applicant, dated 22nd February, 2015, speaks of only simple injuries. The other medical evidence placed on record is of subsequent dates of the month of March, 2015, which has hardly any relevance to the present case. 4.

In view of above, in my opinion, the learned Additional Sessions Judge was right in granting pre-arrest bail to respondents no.2 to 6. No interference is called for. Criminal Application fails and stands rejected. (N.W. SAMBRE, J.) amj