Pradip Raghunath Nayane And Another v. The State Of Maharashtra

2024:BHC-AUG:14876

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 977 BAIL APPLICATION NO. 1038 OF 2024 SATTAR ABDUL REHEMAN BAGAWAN

VERSUS

THE STATE OF MAHARASHTRA WITH BAIL APPLICATION NO. 1083 OF 2024

1. PRADIP RAGHUNATH NAYANE

2. MADHAV RAVASAHEB PAWAR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocates for Applicants : Mr. Gunale V. D., Mr. Ghanekar N. S. respectively.

APP for Respondent/s-State : Mr. S. D. Ghayal. ...

CORAM : S. G. MEHARE, J.

DATE :

19.07.2024 PER COURT :- 1.

Heard the respective learned counsels for the applicants and learned APP for the respondent-State.

2.

The applicants seek bail in Crime No.334 of 2024, registered with Ahmedpur Police Station, District Latur, for the offences punishable under Sections 302, 143, 147, 149 of the IPC.

3.

It is a case of unlawful assembly, in which, many persons were gathered and the incident took place. On the basis of

statement of the witnesses, the applicants were arrested. Since the statement of eye-witness was recorded belatedly, the case diary was called. The Investigating Officer has produced the case diary. However, it is not counter signed by the Higher Officer of the Investigating Officer. Therefore, it could not be accepted.

4.

Learned APP would submit that recently one video of the incident has been viral, but it is yet to be recovered. Be that as it may, as per the role attributed to the applicant, except the bare words showing no specific role causing the injury to anybody or using the weapon is coming forward. It being a case of unlawful assembly, many people must have been gathered there. The material investigation against the applicant has been completed. Therefore, he deserves bail. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant SATTAR ABDUL REHEMAN BAGAWAN in Bail Application No.1038 of 2024 and Applicant Nos.1 PRADIP RAGHUNATH NAYANE and 2.

MADHAV RAVASAHEB PAWAR in Bail Application No.1083 of 2024 be released on bail

on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety of like amount each, on the following conditions : (a) They shall not tamper with the prosecution witnesses.

(b) They shall attend the Police Station on every Tuesday between 10.00 a.m. to 1.00 p.m. till filing of charge sheet.

(S. G. MEHARE, J.) ...

vmk/-