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Bombay High CourtAPPLN/2810/2015disposed off

Shambhudev @ Pintu S/O Mahadev Hange v. The State Of Maharashtra

2015-06-25Hon'Ble Shri Justice M.T. Joshi5 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2810 OF 2015 IN CRIMINAL APPLICATION NO.5923 OF 2014 IN CRIMINAL APPLICATION NO.2216 OF 2014 Shambhudev @ Pintu s/o.

Mahadev Hange ..Applicant

Versus

The State of Maharashtra ..Respondent -- Mr.N.D.Kendre, advocate for applicant Mr.R.P.Phatake, APP for respondent - State Mr.S.V.Mundhe, advocate assisting learned APP -- CORAM : M.T. JOSHI, J.

DATE : JUNE 25, 2015 PER COURT :

Heard both sides.

2] The applicant has surrendered, though belatedly, in view of the undertaking given by him, which is recorded in the order dated 6th February, 2015 passed by this Court in Criminal Application No.5923 of 2014. Now, more than two

2 1-crappln2810-15.odt months are over from his surrender. Liberty was granted to the applicant to move afresh this Court, after a period of two months from the date of surrender.

3] Learned A.P.P as well as learned counsel assisting the learned A.P.P. submit that since the applicant had entered the village in breach of the earlier condition imposed while releasing him on bail and as he had threatened the complainant, ultimately, in the application for canellation of the bail, above order was passed, as the applicant himself undertook to surrender and seek bail afresh.

4] Upon hearing both sides and taking into consideration that the applicant is behind the bars for a period of more than three months after his surrender, by clamping additioinal condition, the applicant can very well be released on bail.

3 1-crappln2810-15.odt 5] Hence, the following order :- i] The application is allowed and disposed of.

ii] The applicant be released on bail in Crime No.68 of 2013 registered with Kingaon Police Station, Dist. Latur for the offences punishable under Section 302, 404 read with 34 of Indian Penal Code, upon his executing P.R. bond in the sum of Rs.30,000/- (Rs.Thirty Thousand) and also upon furnishing surety in the like amount.

iii] For a period of two (2) years or till the trial is concluded, whichever occurs earlier, the applicant shall not ehter the territorial limits of village Hangewadi, Tq. Ahmedpur, Dist. Latur, without prior permission of the concerned Court. iv] The applicant shall attend Kingaon Police Station on first day of every month between 9:00

4 1-crappln2810-15.odt am. and 10:00 am. and shall maintain diary of such presence, for a period of (3) three years or till the trial is concluded, whichever occurs earlier. v] He shall not, in any way, attempt to influence the prosecution witnesses in any manner.

[M.T. JOSHI, J.] kbp

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3094 OF 2014 IN CRIMINAL APPLICATION NO.2810 OF 2015 [Rmesh Panditrao Hange Vs. Shambudeo @ Pintu s/o. Mahadeo Hange and anr.] -- Mr.S.V.Mundhe, advocate for applicant Mr.N.D.Kendre, advocate for respondent no.1 Mr.R.P.Phatake, APP for respondent no.2 -- CORAM : M.T. JOSHI, J.

DATE : JUNE 25, 2015 PER COURT :

Heard both sides.

2] For the reasons stated in the application, the applicant is permitted to assist the learned APP. The application is allowed and disposed of as such.

[M.T. JOSHI, J.] kbp