1 Shivraj S/O Madhav Kala And ORS v. The State Of Maharashtra

G.A.Ghule [P.A.] 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

Criminal Appellate Jurisdiction.

CRIMINAL APPLICATION NO. 3043 OF 2015.

SHIVRAJ S/O MADHAV KALA & ORS.

VERSUS

THE STATE OF MAHARASHTRA.

Appearance => Mr. R.D. Biradar, Advocate for the Applicants. Mr. V.H. Dighe, Additional Public Prosecutor for the State of Maharashtra.

CORAM

:

V.M. Deshpande, J.

DATE :

2nd July, 2015.

Per Court :- Present Criminal Application is filed by the Applicants for grant of anticipatory bail, since they are apprehending their arrest in connection with CR No. I 105/2015 registered with Police Station, Chikalthana, Aurangabad, District - Aurangabad for the offences punishable under Section/s 498(A), 406, 504, 506 read with 34 of the Indian Penal Code.

[2] Heard Mr. R.D. Biradar, learned counsel for the Applicants and Mr. V.H. Dighe, learned Additional Public Prosecutor. [3] First Informant - Arti lost her husband in the year 2014 in a truck accident. From the First Information Report, it is clear that, dispute arose after the death of her husband. First Information Report

2/3 shows that, her sridhan and other articles were taken away by the Applicants. The allegations made in the First Information Report are most general in nature and no specific role is attributed. Only specific role is attributed against Applicant No.7 - Mahadeo and Applicant No.4 - Savitri.

[4] In so far as Applicant No.4 - Savitri is concerned, allegations are pertaining to the year 2014 and since she is lady, she can be protected. However, so far as Applicant No.7 Mahadeo is concerned, allegations are very specific against this Applicant, therefore, initially also ad interim anticipatory bail was not granted in favour of Applicant No.7 - Mahadeo.

The learned counsel seeks permission to withdraw present Application as against Applicant No.7 - Mahadeo. Permission is granted. Present Application is dismissed as withdrawn as against Applicant No.7 - Mahadeo.

[5] In view of the above, I pass the following order :-

ORDER

(i) Criminal Application is partly allowed.

(ii) Application filed by Applicant No.7 - Mahadeo Kalyanrao Alibade is dismissed as withdrawn.

3/3 (iii) In so far as other Applicants are concerned, their Application is allowed. Interim order granted by this Court on 16th June, 2015 stands confirmed.

(iv) With this Criminal Application is partly allowed and same is disposed of, accordingly.

a(V.M. DESHPANDE, J.)