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Bombay High CourtAPPLN/3389/2016application allowed

Rajendra S/O Balasaheb Pawar v. The State Of Maharashtra

2016-07-01Hon'Ble Shri Justice Nitin W. Sambre3 pages

1 Cri. Appln. 3389/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3389 OF 2016 Rajendra S/o Balasaheb Pawar .. Applicant Vs.

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

Mr. S.S. Thombre, Advocate for the applicant Mr. S.D. Ghayal, APP for the respondent-State Mr. V.B. Jogdand Patil, Advocate to assist APP ......

CORAM : N.W. SAMBRE, J.

DATE : 01/07/2016 ORAL ORDER :

Heard.

2.

The applicant is seeking pre-arrest bail in Crime no. 190 of 2016 registered at Gangapur Police Station, Dist. Aurangabad for the offences punishable under section 307, 143, 147, 148, 149, 323, 504 of the Indian Penal Code.

3.

The complainant and applicant claim to be the members of different political parties.

2 Cri. Appln. 3389/2016 4.

It is claimed that applicant has assaulted the complainant.

5.

Perused the contents of the FIR and the investigation papers. There are two eye witnesses claimed to have witnessed the incident, who are closely related to the complainant. The two other eye witnesses have not named the present applicant as an accused.

6.

Though, learned A.P.P. opposed the application on the ground of criminal antecedents, it is brought to my notice that the applicant is already released on bail in the said crime.

7.

Looking to the nature of allegations, in my opinion, the custodial interrogation of the applicant is not necessary in view of the injury certificate.

8.

Criminal Application, as such is allowed.

3 Cri. Appln. 3389/2016 9.

In the event of the arrest of the applicant in Crime no.190 of 2016 registered with Gangapur Police Station, Dist. Aurangabad for the offences punishable under section 307, 143, 147, 148, 149, 323, 504 of the Indian Penal Code, he be released on bail upon his executing P.R. bond in the sum of Rs.15,000/- (Rs. Fifteen Thousand) with one surety in the like amount.

10.

The applicant shall attend the concerned Police Station as and when called by the Investigating Officer.

11.

Criminal Application stands disposed of accordingly.

[N.W. SAMBRE] JUDGE arp/-