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Bombay High CourtAPPLN/2945/2016application allowed

Awadhut S/O Hanumantrao Andhare And Others v. The State Of Maharashtra

2016-06-24Hon'Ble Shri Justice Nitin W. Sambre3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2945 OF 2016 1.

Awadhut s/o Hanumantrao Andhare, 2.

Prashant s/o Shivaji Kurhe, 3.

Pawan s/o Raosaheb Deode, All R/o. J-Sector, N-2, CIDCO, Mukundwadi, Aurangabad.

...Applicants versus The State of Maharashtra

...Respondents

.....

Mr. S.S. Panale, Advocate for applicants Mr. C.V. Dharurkar, A.P.P. for respondent/State .....

CORAM : N.W. SAMBRE, J.

DATE : 24th JUNE, 2016 ORAL ORDER :

Perused the contents of first information report in Crime No. 318 of 2016 registered with Mukundwadi Police Station, District Aurangabad, for an offence punishable under Section 392, 143, 147, 148, 149 of the Indian Penal Code, so also Crime No. 316 of 2016 for an offence punishable under Sections 392, 143, 147, 148, 149 of the Indian Penal Code.

2.

Crime No. 316 of 2016 is registered at the behest of group of the applicants, whereas Crime No. 318 of 2016 is registered

-2accused in Crime No. 316 of 2016. In both the crimes, there are allegations against each other of snatching amount and gold chain. 3.

Prima facie, it appears that the first information report based on the existing differences between the parties, false implication cannot be ruled out.

4.

In the above referred background, in my opinion, it will be appropriate to grant protection to the applicants. Hence, the following order:- (i) In the event of arrest, the applicants be released on bail, in connection with Crime No. 318 of 2016 registered with Mukundwadi Police Station, District Aurangabad, for an offence punishable under Section 392, 143, 147, 148, 149 of the Indian Penal Code, upon furnishing P.R. bond of Rs.15,000/- with one surety in the like amount, by each of them.

(ii) The applicants shall attend the concerned police station on 7th and 8th June, 2016 and thereafter as and when called by the Investigating Officer.

-3- (iii) The applicants shall not tamper with the prosecution evidence.

5.

The criminal application stands allowed in above terms. [ N.W. SAMBRE, J. ] Tupe/