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Bombay High CourtAPPLN/3942/2016disposed off

Manoj Vinayak Deore And Others v. The State Of Maharashtra

2016-08-01Hon'Ble Shri Justice Nitin W. Sambre4 pages

1 Cri. Appln. 3942-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3942 OF 2016 1] Manoj Vinayak Deore, Age : 35 years, Occupation : Service, 2] Mahendra Vishwasrao Deore, Age : 41 years, Occupation : Service, 3] Avinash Popat Deore, Age : 54 years, Occupation : Agriculture, 4] Raosaheb Vinayak Deore, Age : 32 years, Occupation : Agriculture, All R/o : Mhasadi, Tq : Sakri, District : Dhule .. Applicants Vs.

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

Mr. Joydeep Chatterji, Advocate for the applicant Mr. C.V. Dharurkar, APP for respondent-State Mr. U.B. Shriram, Advocate h/f Mr. D.S. Bagul, Advocate to assist APP ......

CORAM : N.W. SAMBRE, J.

DATE : 01/08/2016 ORAL ORDER :

Heard.

2.

The applicants are seeking pre-arrest bail

2 Cri. Appln. 3942-2016 in Crime no. 96 of 2016 registered at Sakri Police Station, Dist. Dhule for the offences punishable under section 143, 147, 149, 323, 504, 506 of the Indian Penal Code and under section 4(1)(R)(S) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 3.

For the reasons stated in the order dated 18th July, 2016, this Court has granted ad-interim protection to the applicants in the event of their arrest.

4.

Perused the investigation papers. There is hardly any material on the record to infer that there is prima facie involvement of the applicants in the crime in question, particularly when the utterances were by Vinayak, who is already arrested. Custodial interrogation of the applicants, in my opinion, is not called for. As such, for the reasons stated in the order dated 18th July, 2016,

3 Cri. Appln. 3942-2016 the Application stands allowed.

5.

In the event of the arrest of the applicants in Crime no. 96 of 2016 registered at Sakri Police Station, Dist. Dhule for the offences punishable under section 143, 147, 149, 323, 504, 506 of the Indian Penal Code and under section 4(1) (R)(S) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, they be released on bail upon executing P.R. bonds in the sum of Rs.15,000/- (Rs. Fifteen Thousand) each with one surety each in the like amount.

6.

The applicants shall attend the concerned Police Station, initially on 6th and 7th August, 2016 between 10.00 am and 12.00 noon and, thereafter, as and when called.

7.

The applicants shall not tamper with the prosecution evidence or influence the witnesses in any manner.

4 Cri. Appln. 3942-2016 8.

Criminal Application stands disposed of accordingly.

[N.W. SAMBRE] JUDGE arp/-