Deepak S/O. Baban Tarte v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 2702 OF 2017 Deepak s/o Baban Tarte ... Applicant
VERSUS
The State of Maharashtra ... Respondent .....
Mr. R.P.Phatke, advocate for the applicant Mr. K.N.Lokhande A.P.P for respondent .....
CORAM : K.L.WADANE, J.
DATED : 29th JUNE, 2017 O R D E R :
Heard learned counsel for the applicant and the learned A.P.P. for the respondent.
2.
It is the case of prosecution that the present applicant on 28.2.2017 obstructed the informant who was discharging his duty as Watchman in the old Court building at Ahmednagar at about 6.00 p.m. and assaulted him with the help of stone and caused injury to his person.
3.
On the basis of complaint, offence came to be registered at Kotwali police station, Ahmednagar as Crime No.93 of 2017 for the offences punishable under Sections 353, 325, 332, 333, 504
and 506 of the Indian Penal Code.
4.
Perused the papers of investigation. The incident is of 28.2.2017. The applicant was arrested on 22.5.2017 and after interrogation he was remanded to M.C.R.
5.
Looking to the nature of offence and the fact that investigation of the above crime is practically over, reason stated in the report submitted by the investigating officer opposing the bail is that if accused is released on bail he will tamper with the evidence of prosecution and he will repeat the offence.
6.
Considering the nature of accusation and that the applicant is behind the bars from 22.5.2017, further detention of the applicant is not needed for the purpose of investigation. Hence, the applicant can be released on bail. 7.
Hence, following order.
(i) Criminal Application is allowed.
(ii) The applicant be released on bail on furnishing P.R. bond of Rs.15,000/- in connection with Crime No. 93 of 2017 registered at Kotwali
police station, Ahmednagar.
(iii) Applicant shall not tamper with the evidence of prosecution in any manner.
8.
Criminal Application is disposed of.
(K.L.WADANE, J.) dbm