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Bombay High CourtAPPLN/3222/2017application allowed

Haridas S/O. Ramkisan Jadhav v. The State Of Maharashtra

2017-07-05Hon'Ble Shri Justice K.L. Wadane3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 3222 OF 2017 Haridas s/o Ramkisan Jadhav ... Applicant

VERSUS

The State of Maharashtra ... Respondent .....

Mr. S.S.Thombare, advocate for the applicant Mr. P.N.Kutti, A.P.P for respondent .....

CORAM : K.L.WADANE, J.

DATED : 5th JULY, 2017 O R D E R :

Heard Mr. Thombare, learned counsel for the applicant and Mr. Kutti, learned A.P.P. for the respondent.

2.

On 3.11.2013 complainant A.S.I. Sayyed filed complaint to the police station that the applicant had beaten the witnesses under the influence of liquor and thereby committed offence under Section 85 (1) of the Bombay Prohibition Act.

3.

The charge sheet was filed against the present applicant on 25.2.2014. As the applicant

did not remain present after filing of the charge sheet non-bailable warrant was issued against him and he was produced before the Judicial Magistrate, First Class at Ambajogai.

4.

The bail plea of the present application was turned down by the trial Court as well as the learned Additional Sessions Judge. Therefore, the present application for bail.

5.

Mr. Thombare, learned counsel submits that for the purpose of employment the applicant was out of village and he was staying at Pune and now he is ready to attend each and every date before the Trial Court.

6.

Mr. Thombare, learned counsel further submits that maximum punishment provided for the afore said offence is six months. The present applicant is behind bars from 25.5.2017.

7.

In view of above, the applicant can be enlarged on bail by putting certain conditions. 8.

Hence, the following order.

(i) Criminal Application is allowed.

(ii) Applicant be released on bail in

connection with Crime No. 68 of 2013, registered with Kaij police station, District Beed, on furnishing P.R. bond of Rs. 5,000/- with one surety in the like amount.

(iii) Applicant shall attend each and every date before the Trial Court. On failure in attendance before the Trial Court for a single day, the learned Judicial Magistrate, First Class, Ambajogai shall be at liberty to take the applicant in M.C.R.

9.

Criminal Application is disposed of.

(K.L.WADANE, J.) dbm/crap