Salim S/O. Sikandar Pathan And Others v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2290 OF 2017 1.

Salim s./o Sikandar Pathan Age 22 years, Occu: Labour ... Applicants 2.

Anwarkhan @ Baba s/o Usmankhan Pathan, Age 32 years, Occu:Labour 3.

Ibrahim @ Raja s/o Nusrat Shaikh Age 19 years, Occu: Labour All r/o Sirsala Tq. Parli (V), Dist. Beed

VERSUS

The State of Maharashtra Through the Police Inspector, Sirsala Police Station, Taluka Parli(V), Dist. Beed.

... Respondent Mr. Satyajeet S. Bora, Advocate for the Applicants Mr. P. N. Kutti, APP for the State.

CORAM

: K. L. WADANE, J.

DATE :

7th June, 2017 ORDER:

1.

Heard Mr. Bora, the learned counsel for the applicants and Mr. Kutti, the learned APP for the State.

2.

Present Criminal Application is filed under section 439 of the Code of Criminal Procedure for grant of bail in connection with Crime No. I-50/2017 registered with Sirsala Police Station, Taluka Parli(V), Dist. Beed for the offences punishable under 1/3

sections 307, 143, 147, 148, 149 and 506 of the Indian Penal Code, 1860.

3.

The informant alleged that the applicants and other accused persons have assaulted him with the help of iron rod. After registration of crime, the accused persons were interrogated and they were in the police custody for about 12 days. The informant further alleged that there was fracture to his right arm due to the assault by iron rod by applicant No.2. However, the papers of investigation show that the injured have received simple injury caused with hard and blunt object.

4.

According to Mr. Bora, learned Advocate for the applicants, investigation is almost completed. Considering the nature of allegation and the fact that custodial interrogation of the present applicants was taken and the fact that now they are behind bars since 25th March, 2017, further detention of the applicants is not needed for the investigation. 5.

Learned APP opposes the application on the ground that if the accused are released on bail, there would be communal tension between the two communities. Considering the statement made by the learned APP, I am 2/3

of the opinion that the grievance can be ventilated by putting certain conditions. Hence the application is allowed.

6.

The applicants shall be released on bail on their furnishing personal bond of Rs.25,000/-(Rupees twenty five thousand) each, with one solvent surety of like amount.

7.

The applicants shall not tamper with prosecution evidence, in any manner and shall not enter village Sirsala, Taluka Parli(V), Dist. Beed till filing of the charge-sheet.

8.

Criminal application is disposed of (K. L. WADANE, J.) JPC 3/3