Satish Rama Takale v. The State Of Maharashtra

1 Cr.Apln. 3100.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3100 OF 2015 Satish Rama Takale .... APPLICANT V E R S U S The State of Maharashtra .... RESPONDENT .............................

Mr. A.K.Gawali, Advocate for Applicant.

Mr. A.S.Shinde, A.P.P. for Resp. - State.

Mr. N.V.Gaware, Advocate for first informant. ..............................

CORAM : V.M.DESHPANDE, J.

DATE : 3rd JULY, 2015 .............................

PER COURT :

1.

This is an application for bail. Applicant is arrested in connection with Crime No. 133/2015 registered with M.I.D.C. Police Station, Ahmednagar, Dist. Ahmednagar for the offences punishable u/s 326,323,504,506 read with 34 of the Indian Penal Code and u/s 37 (1) (3)/135 of the Bombay Police Act.

2 Cr.Apln. 3100.2015 2.

When this application for bail was called out for hearing, Mr. N.V.Gaware, learned counsel appeared and submitted that he be permitted to assist the learned A.P.P. He submitted that his application to assist learned A.P.P. is ready. However, due to paucity of time, said could not be filed in the Court. Statement is accepted. Mr. A.K.Gawali, learned counsel for the applicant has no objection for granting permission to assist the learned A.P.P. Mr. N.V.Gaware, learned counsel is permitted to assist the learned A.P.P. 3.

Heard Mr. A.K.Gawali, learned Counsel for the applicant, Mr. A.S.Shinde, learned A.P.P. for the respondent - State and Mr. N.V.Gaware, learned Counsel for first informant. 4.

Applicant is arrested on 28/05/2015. Injured are Gangaram and Nabhaji. They are brothers. They are having agricultural land adjacent to the agricultural land of the present complainant. According to F.I.R., on 28/05/2015 at 9.30 a.m., present applicant on account of the boundary of the agricultural fields, assaulted Gangaram and Nabhaji by means of stick. Injury certificate of Gangaram and Nabhaji are available in the investigation papers. Said certificates show that the injuries suffered by the injured are simple in nature. Further, the weapon i.e. stick is already recovered. Statements of witnesses are recorded. Only formality of filing of charge sheet is remain to be done. In view of the nature of injury and in view of the fact that the applicant is in jail since 28/05/2015, applicant can be released on bail on certain conditions.

3 Cr.Apln. 3100.2015 5.

Hence, I pass the following order :

(i) present Criminal Application is allowed.

(ii) Applicant Satish Rama Takale be released on bail in connection with Crime No. 133/2015 registered with M.I.D.C.

Police Station, Ahmednagar, Dist.

Ahmednagar for the offences punishable u/s 326,323,504,506 read with 34 of the Indian Penal Code and u/s 37 (1) (3)/135 of the Bombay Police Act on he executing P.R. Bond of Rs. 25,000/- [Rupees Twenty Five Thousand] with two solvent sureties of like amount. Bail before the trial Court.

(iii) Applicant shall attend M.I.D.C. Police Station, Ahmednagar twice in a week, preferably on every Tuesday and Saturday in between 3.00 - 5.00 p.m. till filing of the charge sheet.

(iv) After filing of the charge sheet, applicant shall attend M.I.D.C. Police Station, Ahmednagar once in a fortnight, preferably on every Tuesday in between 3.00 - 5.00 p.m. till the Charge is framed.

(v) Applicant is directed not to tamper with the

4 Cr.Apln. 3100.2015 prosecution evidence.

(vi) With these observations, present Criminal Application is disposed of.

[V.M.DESHPANDE, J.] KNP/Cr.Apln. 3100.2015