Mukinder S/O Jalinder Shinde v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2911 OF 2016 1.

Bharati widow of Bapurao Dhobale, 2.

Nirasha w/o Bhupesh Dhobale, 3.

Bhupesh s/o Bapurao Dhobale, All r/o. Yerame Nagar, Udgir.

...Applicants versus The State of Maharashtra through Udgir (Urban) Police Station, Dist. Latur.

...Respondent

WITH CRIMINAL APPLICATION NO. 3287 OF 2016 IN CRIMINAL APPLICATION NO. 2911 OF 2016 Mukinder s/o Jalinder Shinde R/o. Govind Nagar, Udgir, Tq. Udgir, Dist. Latur.

...Applicant versus The State of Maharashtra & ors

...Respondents

.....

Mr. Ajinkya Reddy, Advocate for applicant Mr. C.V. Dharurkar, A.P.P. for respondent/State Mr. S.S. Panale, Advocate to assist A.P.P.

.....

CORAM : N.W. SAMBRE, J.

DATE : 23rd JUNE, 2016 ORAL ORDER :

For the reasons stated in Criminal Application No. 2911

-2of 2016 seeking permission to assist the prosecution, same stands allowed.

2.

The applicants are seeking pre-arrest bail in Crime No. 96 of 2016 registered with Udgir (Urban) Police Station, District Latur for an offence punishable under Sections 504, 506 read with Section 34 of the Indian Penal Code and under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.

Prima facie it appears that present applicants and one Chanda Dhoble are on cross terms on account of civil dispute, which is going on between them.

4.

It is then required to be noted that there is no injury suffered by the complainant. In this background, custodial interrogation of the applicants is not necessary. Prima facie it is to be noted that in the above referred background also, offence under Atrocities Act as is alleged, false implication cannot be ruled out. 4.

In view thereof, in my opinion, it will be appropriate to grant protection to the applicants. Hence, the following order:- (i) In the event of arrest, the applicants be released on bail, in

-3connection with Crime No. 96 of 2016 registered with Udgir (Urban) Police Station, District Latur for an offence punishable under Sections 504, 506 read with Section 34 of the Indian Penal Code and under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, upon furnishing P.R. bond of Rs.15,000/- with one surety in the like amount, by each of them. (ii) The applicants shall attend the concerned police station on 29th and 30th June 2016 between 10-00 a.m. to 12-00 noon and thereafter as and when called by the Investigating Officer. (iii) The applicants shall not tamper with the prosecution evidence. 5.

The application stands allowed in above terms. [ N.W. SAMBRE, J. ] Tupe/