Kiran S/O. Kailas Misal v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3087 OF 2017 Kiran s/o Kailas Misal Age 21 years, Occu: Agri.
R/o Sonegaon, Tq. Jamkhed, District Aurangabad.
... Applicant
VERSUS
The State of Maharashtra, Through Investigating Officer, Jamkhed Police Station, Tq.
Jamkhed, Dist. Ahmednagar ... Respondent Mr. N. B. Narwade, Advocate for the applicant Mr. a. A. Jagatkar, APP for the State.
CORAM
: K. L. WADANE, J.
DATE :
13th July, 2017 ORDER:
1.
Heard Mr. Narwade, learned counsel for the applicant and Mr. Jagatkar, learned APP for the State. 2.
This application is filed under section 439 of the Criminal Procedure Code for bail in connection with Crime No. I-75/2017, registered with Jamkhed Police Station, District Ahmednagar for the offences punishable under Sections 395, 323, 504, 506 of the Indian Penal Code and section 3/25 of the Indian Arms Act.
3.
On 16.05.2017, one Harish Virangal lodged a complains with Jamkhed Police station alleging that 1/3
he and one Shahaji were waiting for his father on Sonegaon Doundewadi Road at about 10.30 a.m. At that time, the Applicant and other accused persons came there and assaulted the informant with kick and first blows. The present applicant assaulted the informant with the help of iron rod. Another accused Pradip Kamble snatched an amount of Rs.7,000/- from the informant and accused Jagannath Jadhav removed golden ring of 5 gm from the right hand finger of the informant. On he basis of information, offence came to be registered against the accused person as referred above.
4.
Learned APP submits that statements of all the witnesses are based on hear say information. Iron road is recovered at the instance of the present applicant. The present applicant was available for custodial interrogation.
5.
The learned counsel appearing for the applicant points out the first information filed by the applicant against the present informant, which was first in time, regarding the same incident in which, the present applicant has alleged that one the same day, time and place, the informant and other accused persons 2/3
assaulted him and abused him on his caste. According to the learned counsel, in order to counter blast the first information report is given by the present applicant, the present first first information report came to be registered.
6.
Considering the fact that the present applicant was available for custodial interrogation and particularly, the investigation in regard to the present applicant is over, I am of the opinion that the applicant is entitled for bail. Hence following order:
O R D E R
i.
The applicant shall be released on bail on his furnishing personal bond of Rs.10,000/-(Rupees Ten thousand) with one solvent surety of like amount.
ii. The applicant shall not tamper with prosecution evidence in any manner.
7.
Criminal application is disposed of.
(K. L. WADANE, J.) JPC 3/3