Sandeep @ Sanjya S/O Rajendra Shinde v. The State Of Maharashtra

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3015 OF 2016 Sandeep @ Sanjay s/o Rajendra Shinde ..APPLICANT

VERSUS

The State of Maharashtra ..RESPONDENT WITH CRIMINAL APPLICATION NO. 3014 OF 2016 Rahul s/o Rajendra Shinde ..APPLICANT

VERSUS

The State of Maharashtra ..RESPONDENT Mr N. S. Ghanekar, Advocate for applicants;

Mr C. V. Dharurkar, Addl. Public Prosecutor for respondent CORAM : N.W. SAMBRE, J.

DATE : 30th June, 2016 ORDER :

Heard.

2.

Learned Counsel appearing on behalf of the applicant in Criminal Application No. 3015 of 2016, upon instructions, makes a motion to withdraw the application, with liberty to move afresh, if the trial will not commence within period of six months from today. Motion stands granted. Criminal Application No. 3015 of 2016 stands dismissed as withdrawn, with liberty as prayed for.

(2) 3.

The applicant in Criminal Application No. 3014 of 2016 is seeking his release on regular bail, in connection with Crime No. 38 of 2016, registered with Dharangaon Police Station, Dist. Jalgaon, for offences punishable under Sections 307, 323, 504,506 read with Section 34 of the Indian Penal Code.

4.

Perused the first information report. The main role attributed in the crime in question is of the applicant, namely, Sandeep Rajendra Shinde, whose application for bail i.e. Criminal Application No. 3015 of 2015, after hearing on merits before this Court, is already withdrawn. 5.

So far as the applicant Rahul is concerned, role attributed to him is slapping the complainant and use of stick in crime in question. 6.

The investigation in the matter is complete and the charge-sheet is already filed. There are no any criminal antecedents against applicant and he is very much available for Court proceedings. 7.

In the above background, in my opinion, further detention of the applicant is not necessary and he is entitled to be released on bail. Hence, I pass following order :

(i) Applicant Rahul Rajendara Shinde be released on bail, in connection with Crime No. 38 of 2016, registered with Dharangaon

(3) Police Station, Dist. Jalgaon, for offences punishable under Sections 307, 323, 504,506 read with Section 34 of the Indian Penal Code, upon furnishing P.R. Bond of Rs 15,000/- with one surety in the like amount.

(ii) The applicant shall not tamper the prosecution evidence and shall not influence on witnesses. He shall not indulge in similar offences, if noticed, the Sessions Court will be at liberty to proceed against him in cancelling the bail granted by this Court. He shall cooperate in getting decide the trial and shall not seek exemptions or unnecessary adjournment .

Criminal Application No. 3014 of 2016 stands allowed in above terms.

(N.W. SAMBRE, J.) sjk