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Bombay High CourtBA/934/2022application allowed

Vaibhav Dattarao Maske v. The State Of Maharashtra

2022-07-27Hon'Ble Shri Justice R. G. Avachat3 pages

7-BAs.934 and 935.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.934 OF 2022 Vaibhav s/o. Dattarao Maske ..Applicant Vs.

The State of Maharashtra ..Respondent AND BAIL APPLICATION NO.935 OF 2022 Sherkhan s/o. Samderkhan Pathan ..Applicant Vs.

The State of Maharashtra ..Respondent ---- Mr.E.P.Sawant, Advocate for applicants Mr.S.P.Sonpavale, APP for respondent ---- CORAM : R.G. AVACHAT, J.

DATE : JULY 27, 2022 ORDER :- These are applications under Section 439 of the Code of Criminal Procedure. The applicants have been arrested in connection with Crime No.0206 of 2022 registered with Mondha Police Station, Dist. Parbhani.

2.

Heard learned counsel appearing for the parties. 3.

The FIR has been lodged by the victim himself on 20.05.2022. It is alleged therein that both applicants herein along

7-BAs.934 and 935 with two unknown persons picked up a quarrel with the informant. The applicant - Vaibhav threatened the informant at knife point and took him on motorcycle towards Agriculture University. The applicants then tied his hands and legs with rope. They then assaulted the informant with stick on his legs and back. The informant suffered fracture to his leg. A sum of Rupees Thirty Thousand went missing.

4.

It is not known as to why Section 307 of Indian Penal Code has been invoked. It is informed that on completion of the investigation, charge sheet has been filed. The informant was discharged from hospital after ten days of hospitalisation. The applicants are in the age group of 20-21 years. They are behind the bars for little over two and half months. It will take time for commencement and conclusion of the trial. In the fitness of things, the applicants deserve to be enlarged on bail. 5.

Hence, the following order:- (i) The applications are allowed.

(ii) The applicants be released in connection with Crime No.0206 of 2022 registered with Mondha Police Station, Dist.

7-BAs.934 and 935 Parbhani, on executing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) each with one surety each in the like amount. (iii) The applicants shall not tamper with the prosecution evidence in any manner.

[R.G. AVACHAT, J.] KBP