← Library
Bombay High CourtAPPLN/2185/2023application allowed

Dnyneshwar Balasaheb Khodve v. The State Of Maharashtra And Others

2023-06-27Hon'Ble Shri Justice S. G. Mehare2 pages

934-ba-941-2023.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.941 OF 2023 WITH APPLN/2185/2023 IN BA/941/2023 ANAND DEVIDAS CHOPDE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Bagal Vishal A. APP for Respondent/State : Mr. S.B. Narwade Advocate for Complainant/Assist to P.P : Ms. Ashwini A. Lomte h/f Mr. S.J. Salunke ...

CORAM : S.G. MEHARE, J.

DATED : JUNE 27, 2023 PER COURT:- 1.

Heard learned counsel for the applicants, learned APP for the State and learned counsel for the complainant. 2.

The applicants are seeking bail in Crime No.111 of 2023 registered with Parbhani Rural Police Station, District Parbhani for the offence punishable under Section 326, 452, 327, 324, 427, 323, 504, 506, 143, 147, 148, 149 of the Indian Penal Code. 3.

It is a counter case. Both parties have assaulted each other. The quarrel took place out of election. The weapons allegedly used in the crime have been recovered. All the injured have been discharged. The applicants were also injured in the counter assault. The material investigation appears to have been completed. Therefore, no purpose would be served keeping the applicants behind

934-ba-941-2023.odt (2) bar. However, the apprehension of the prosecution that the incident may be repeated may be guarded by imposing certain conditions. Hence, the following order :

ORDER

(i) Bail Application is allowed.

(ii) The applicants, Anand Devidas Chopde and Bhaskar Bapurao Chopde, be released on bail on executing P.B. and S.B. of Rs.50,000/- (Rupees fifty thousand) each with one solvent surety in the like amount in connection with the above crime, on the conditions that they shall not tamper with the prosecution witnesses. (iii) The applicants shall attend the concerned police station as and when called on written notice by the investigating officer till filing the charge sheet.

(iv) Both the applicants shall stay away from Parbhani Taluka for six months from the date of their release.

(v) Criminal Application No.2185 of 2023 is allowed. (S.G. MEHARE, J.) Mujaheed//