Shyam Rambhau Butre v. Raju Pandurang Ghare And Other

2024:BHC-AUG:13819

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 947 OF 2024 RAJU PANDURANG GHARE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Aakash V. Bagal APP for Respondents No.1 and 2 : Mrs. Priya R. Bharaswadkar ...

WITH CRIMINAL APPLICATION NO. 2767 OF 2024 IN BA/947/2024 SHYAM RAMBHAU BUTRE

VERSUS

RAJU PANDURANG GHARE AND OTHERS ...

Advocate for applicant/complainant : Mr. V. P. Narwade ...

CORAM : S. G. MEHARE, J.

DATE : 10-07-2024 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned A.P.P. for the respondents.

2.

The applicant seeks bail in C.R.No.0253 of 2024 registered with Taluka Police Station, Jalna, for the offences punishable under Sections 302, 307, 143, 147, 149, 324, 323, 504, 506 of the Indian Penal Code.

3.

It is transpired that both parties were fighting against each other and lodging the counter reports. The main cause of the dispute is that wife of the applicant joined the company of the

opponent and she was residing there. In this case, the role attributed to the applicant is pelting stones when the incident took place. The crimes are registered against each others. 4.

The prosecution has an apprehension of repeating the crime at the hands of the applicant and there may be law and order issue. Therefore, she opposed the application. 5.

Learned counsel for the victim argued that the injured were mercilessly beaten and they have suffered serious injuries. There is harm to the life of the injured and his family at the hands of the applicant as he wants to end the quarrel from his side. 6.

As discussed above, both are fighting against each other and lodging the reports and counter reports. So far as the role attributed to this applicant in the present crime, his role is of pelting stone. The law and order must be maintained in the village. Therefore, some conditions may be imposed on the applicant that he would not enter the village till conclusion of the trial. For that condition, the applicant is agreeable and submits that the applicant would not apply for relaxation of the condition till the trial is concluded.

7.

For the above reasons, the following order is passed :-

ORDER

i) The application is allowed.

ii) Applicant Raju Pandurang Ghare be released on bail, on furnishing PB and SB of Rs.50,000/-, with one solvent surety of the like amount, in the above crime for the aforesaid offences, on the conditions that, (a) He shall not tamper with the prosecution witnesses. (b) He shall attend the trial on each and every date. (c) He shall not enter the village Salegaon, Post Sindhi Kalegaon, Taluka and District Jalna, till the conclusion of the trial with a condition that he would not seek relaxation of this condition unless the circumstances permit.

iii) Criminal Application No.2767 of 2024 stands disposed of. ( S. G. MEHARE ) JUDGE rrd