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Bombay High CourtAPPLN/2785/2017disposed off

Sanjay S/O. Rajendra Rathod v. The State Of Maharashtra

2017-06-30Hon'Ble Shri Justice K.L. Wadane3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 2785 OF 2017 Sanjay s/o Rajendra Rathod ... Applicant

VERSUS

The State of Maharashtra ... Respondent .....

Mr. Satej S. Jadhav, advocate for the applicant Mr. K.N.Lokhande, A.P.P for respondent .....

CORAM : K.L.WADANE, J.

DATED : 30th JUNE, 2017 O R D E R :

Heard Mr. Jadhav, learned counsel for the applicant and Mr. Lokhande, learned A.P.P. for the respondent.

2.

On 14.5.2017 one Mr. Manohar Baviskar, Talathi lodged complaint at Jalgaon Taluka police station alleging that on 13.5.2017 when he was returning to his home at about 8.00 a.m., he noticed one tractor loaded with sand. The informant inquired about the permit to carry the sand, on which the applicant told that he is not having any receipt. At the relevant time, the present applicant started the tractor and tried to

run over it on the person of the informant.

3.

On the basis of the information given by the informant, offence came to be registered against the applicant at Crime No. 33 of 2017 at Jalgaon Taluka police station for the offences punishable under Sections 307, 353, 379, 506 of the Indian Penal Code.

4.

On perusal of the papers of investigation, it appears that some witnesses have stated as per the statement of the complainant, however, the applicant was available for interrogation. The applicant was in police custody and thereafter he was remanded to M.C.R. and since 14.5.2017 he is behind the bars.

5.

On perusal of papers of investigation, it appears that statement of material witnesses are recorded and further detention of the applicant is not required for the purpose of investigation. In such circumstances, the applicant can be released on bail by putting certain conditions.

6.

Hence, the following order.

(i) Criminal Application is allowed.

(ii) Applicant be released on bail in connection with Crime No. 33 of 2017 registered at Jalgaon Taluka police station on furnishing P.R. bond of Rs. 15,000/- with one surety in the like amount.

(iii) Applicant shall not tamper with the evidence of prosecution in any manner and shall cooperate in further investigation.

7.

Criminal Application is disposed of.

(K.L.WADANE, J.) dbm