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Bombay High CourtAPPLN/3103/2015disposed off

Vilas S/O Guruba Pandhavale v. The State Of Maharashtra

2015-06-30Hon'Ble Shri Justice V.M. Deshpande4 pages

1 Cr.Apln. 3103.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3103 OF 2015 Vilas s/o Guruba Pandhavale .... APPLICANT V E R S U S The State of Maharashtra .... RESPONDENT .............................

Mr. N.V.Gaware, Advocate for Applicant.

Mrs. S.G.Chincholkar, A.P.P. for Resp. - State. ..............................

CORAM : V.M.DESHPANDE, J.

DATE : 30th JUNE, 2015 .............................

PER COURT :

1.

By the present Criminal Application, applicant is seeking his release on bail since he is arrested in connection with Crime No. 20/2015 registered with Ambajogai [Rural] police station, Dist. Beed for the offences punishable u/s 147,148,149,324,323,326,504,506 of the Indian Penal Code and u/s 3 (i) (x) and 3 (2) (v) of the Scheduled Castes and the Scheduled Tribes [Prevention of Atrocities Act], 1989. 2.

Heard Mr. N.V.Gaware, learned counsel for the

2 Cr.Apln. 3103.2015 applicant and Mrs. S.G.Chincholkar, learned A.P.P. for Resp. - State.

3.

Applicant is approaching to this Court on second occasion. Firstly, when the applicant approached before this Court, that time charge sheet was not filed. Applicant had withdrawn the said application and it was directed to the applicant that he may approach before this Court after filing of the charge sheet.

4.

After filing of the charge sheet, applicant again approached before the learned trial Court for bail. However, said application is also rejected. In that view of the matter, present application is before this Court.

5.

F.I.R. is lodged by one Satyabhamabai. It is lodged on 06/03/2015. Incident is dated 03/03/2015. House of the present applicant is situated adjacent to the house of first informant. According to F.I.R., on the day of incident, present applicant and others abused the first informant in the name of caste and at that time present applicant gave iron rod blow on the head of the first informant.

6.

Applicant was arrested on 06/03/2015. During the course of investigation, weapon is already seized. Investigating Officer has already completed the entire investigation and charge sheet is already filed. In that view of the matter, applicant can be released on bail on certain

3 Cr.Apln. 3103.2015 conditions.

7.

Hence, I pass the following order :

(i) Present Criminal Application is allowed.

(ii) Applicant Vilas s/o Guruba Pandhavale be released on bail in connection with Crime No. 20/2015 registered with Ambajogai [Rural] police station, Dist. Beed for the offences punishable u/s 147,148,149,324, 323,326,504, 506 of the Indian Penal Code and u/s 3 (i) (x) and 3 (2) (v) of the Scheduled Castes and the Scheduled Tribes [Prevention of Atrocities Act], 1989 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 not, in any way either directly or indirectly, pressurize the first informant or any of the prosecution witness.

(iv) Applicant shall attend Ambajogai [Rural] police station once in a fortnight, preferably on every Saturday between 3.00 - 5.00 p.m. till the Charge is framed by the learned trial Court.

4 Cr.Apln. 3103.2015 (v) With the aforesaid observations, present Criminal Application is disposed of.

[V.M.DESHPANDE, J.] KNP/Cr.Apln. 3103.2015