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Bombay High CourtAPPLN/3367/2015disposed off

Narayan S/O Janardhan Jadhav And ANR v. The State Of Maharashtra

2015-07-29Hon'Ble Shri Justice T.V. Nalawade2 pages

Cri. Appln. No. 3367/15

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD

2. CRI.APPLN/3367/2015 NARAYAN S/O JANARDHAN JADHAV AND ANR V/S THE STATE OF MAHARASHTRA Mr. V.B. Jogdand Patil, Advocate for applicant. Mrs. R.k. Ladda, APP for State.

CORAM : T.V. NALAWADE, J.

DATED : 29th July, 2015.

ORDER :

1.

The application is filed for bail. Both the sides are heard.

2.

The previous application bearing No. 6776/2014 was withdrawn before this Court on 24.2.2015. This Court has heard the matter extensively and in view of nature of injury sustained by the injured like loss of one hand, this Court expressed that the Court may grant bail subject to deposit of Rs. one lakh by the applicants. On that occasion, the applicants were not ready to deposit the amount. Today, the learned counsel for applicants on instruction submits that applicants are ready to deposit this amount. In view of this submission and in view of the nature of previous order made by this Court, this Court holds that application needs to be allowed.

Cri. Appln. No. 3367/15 3.

In the result, the application is allowed. Applicants together are to deposit amount of Rs.1,00,000.- (Rupees one lakh) in the crime in the Sessions Court. This amount is to be considered by the Court at the time of decision and if the applicants are convicted then the amount can be given to the injured as compensation or the amount can be credited to the Government as fine amount. In case, they are acquitted, they will be entitled to get back the said amount. Only after depositing the amount in Sessions Court, the applicants are to be released on bail on their furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand) each of them. They are not to tamper with the prosecution witnesses. They are not to commit similar offence. Applicant No. 1 - Narayan s/o. Janardhan Jadhav is prevented from entering the village Thola, Tahsil and District Parbhani till the disposal of the case.

4.

The presence of PSO is discharged.

[ T.V. NALAWADE, J. ] ssc/