Atish Madhavrao Bhandare v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 36 BAIL APPLICATION NO. 1229 OF 2020

1. ATISH MADHAV BHANDARE

2. SATISH MADHAV BHANDARE

3. MADHAV LAXMAN BHANDARE

4. RATAN POCHIRAM DOMPE

VERSUS

THE STATE OF MAHARASHTRA ......

Advocate for Applicants : Mr. S. S. Rathi h/f Mr. Bagdiya Vishal A APP for Respondent-State : Mr. A. S. Shinde .....

CORAM : V. K. JADHAV, J.

DATED : 20TH OCTOBER, 2020 PER COURT :- 1.

Learned counsel for the applicants, on instructions, seeks leave to withdraw the application of applicant no.2 SATISH MADHAV BHANDARE with liberty to him to file an application for bail on filing of the charge sheet. Leave granted. The application of applicant no.2 SATISH MADHAV BHANDARE is disposed off as withdrawn with liberty to him to file an application for regular bail before the Sessions Court after filing of the charge sheet.

2.

The applicant nos. 1, 3 and 4 are seeking regular bail in connection with Crime No. 421 of 2020 registered with Hingoli City Police Station, District Hingoli for the offence punishable under Sections 326, 324, 323, 294, 506 read with 34 of IPC. Their application with similar prayer bearing Criminal Misc. Application (Bail) No. 278 of 2020 came to be rejected by the I/c. Additional Sessions Judge, Hingoli vide order dated 29.09.2020.

3.

I have heard both sides.

4.

Though I find names of applicant nos. 1, 3 and 4 mentioned in the FIR with a specific role attributed to each of them, however, it appears that the informant has sustained simple injury on the temporal part of his head and the mother of the informant has also sustained simple injury on her thigh. It further appears that a quarrel had taken place between the cousins on account of trifling reason. Thus, considering the entire aspect of the case and since allegations about causing grievous injury on the person of

the informant have been made against applicant no.2 Satish Madhav Bhandare, whose application for bail came to be withdrawn today, I am inclined to grant bail to applicant nos. 1, 3 and 4 with certain conditions. So far as applicant no.1 Atish Madhav Bhandare is concerned, it would be just and proper to restrict his entry in Hingoli town till filing of the charge sheet to avoid possibility of tampering of the prosecution evidence. Hence, the following order :

O R D E R

I.

The application of applicant nos. 1. ATISH MADHAV BHANDARE, 3. MADHAV LAXMAN BHANDARE and

4. RATAN POCHIRAM DOMPE is hereby allowed.

II.

The applicant nos. 1. ATISH MADHAV BHANDARE,

3. MADHAV LAXMAN BHANDARE and 4. RATAN POCHIRAM DOMPE be released on bail in connection with Crime No. 421 of 2020 registered with Hingoli City Police Station, District Hingoli for the offence punishable under Sections 326, 324, 323, 294, 506 read with 34 of IPC, on

furnishing P.B. of Rs.15,000/- each with one surety each of the like amount on the following conditions :- a] The applicants shall not tamper with the prosecution evidence in any manner.

b] Applicant nos. 3. MADHAV LAXMAN BHANDARE and

4. RATAN POCHIRAM DOMPE shall attend the concerned police station once in a week i.e. on every Sunday between 08.00 a.m. to 11.00 a.m. till filing of the charge sheet. c] Applicant no.1. ATISH MADHAV BHANDARE shall not enter within the limits of Hingoli town till filing of the charge sheet.

III. Application is accordingly disposed of.

( V. K. JADHAV, J. ) ...