Babasaheb S/O Rakhmaji Shinde v. Mohan Vithalrao @ Vithoba Shinde And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3008 OF 2016 1.

Mohan s/o Vitthalrao @ Vitthal Shinde, 2.

Parmeshwar s/o Vitthalrao @ Vitthal Shinde, 3.

Pundlik @ Kundlik s/o Mohan Shinde, All r/o Harichandra Pimpri, Tq. Wadwani, Dist. Beed.

...Applicants versus The State of Maharashtra through Police Station Wadwani, Tq. Wadwani, Dist. Beed.

...Respondents

WITH CRIMINAL APPLICATION NO. 3428 OF 2016 IN CRIMINAL APPLICATION NO. 3008 OF 2016 Babasaheb s/o Rakhmaji Shinde, R/o. Harischandra Pimpri, Tq. Vadwani, Dist. Beed.

...Applicant versus Mohan Vithalrao @ Vithoba Shinde & ors.

...Respondents

Mr. S.J. Salunke, Advocate for applicants Mr. S.Y. Mahajan, A.P.P. for respondent/State Mr. S.T. Pankade, Advocate to assist A.P.P.

.....

CORAM : N.W. SAMBRE, J.

DATE : 24th JUNE, 2016

-2ORAL ORDER :

For the reasons stated in Criminal Application No. 3428 of 2016 seeking permission to assist prosecution, the same stands allowed.

2.

The applicants are seeking pre-arrest bail in Crime No. 57 of 2016 registered with Wadwani Police Station, Taluka Wadwani, District Beed, for the offence punishable under Sections 307, 147, 148, 149, 323, 504, 506 of the Indian Penal Code. 3.

There appears to be civil dispute between the parties vide Regular Civil Suit No. 6 of 2013.

4.

Apart from above, role attributed to the applicants is assaulting the complainant, who suffered simple injuries i.e. contusion.

5.

The parties to the present proceedings i.e. applicants and complainant are closely related to each other and dispute is arising out of the claim on the part of small plot. 6.

In the above referred background, in my opinion, it will be appropriate, to grant protection to the applicants. Hence, the

-3following order:- (i) In the event of arrest, the applicants be released on bail, in connection with Crime No. 57 of 2016 registered with Wadwani Police Station, Taluka Wadwani, District Beed, for the offence punishable under Sections 307, 147, 148, 149, 323, 504, 506 of the Indian Penal Code, 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 7th and 8th June, 2016 and thereafter as and when called by the Investigating Officer.

(iii) The applicants shall not tamper with the prosecution evidence. 7.

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