Mansing S/O Gulabsing Taur And ANR v. The State Of Maharashtra

1 Cri. Appln. 3997-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3997 OF 2016 1] Mansing S/o Gulabsing Taur, Age - 31 years, Occu. Agriculture and Business, R/o. Ranjani, Tal - Ghansawangi, Dist. - Jalna 2] Nagusing S/o Shankarsing Pawar, Age : 74 years, Occu.-Agriculture, R/o. Sarafgavhan, Tal - Ghansawangi, Dist. - Jalna .. Applicants Vs.

The State of Maharashtra, Through Police Station Officer, Ghansawangi Police Station, Tal - Ghansawangi, Dist. - Jalna .. Respondent .....

Mr. V.Y. Patil, Advocate for the applicant Mr. S.J. Salgare, APP for the respondent-State ......

CORAM : N.W. SAMBRE, J.

DATE : 05/08/2016 ORAL ORDER :

Heard.

2.

The applicants are seeking pre-arrest bail in Crime no. 75 of 2016 registered at Ghansawangi Police Station, Dist. Jalna for the offences

2 Cri. Appln. 3997-2016 punishable under section 307, 324, 143, 147, 148, 149, 323, 504, 506 of the Indian Penal Code.

3.

There is counter FIR registered against the complainant in the present crime, vide crime no.76 of 2016 at Ghansawangi Police Station, Dist. Jalna for the offences punishable under section 307, 324, 323, 504, 506 of the Indian Penal Code.

4.

Learned A.P.P. opposed the Application on the ground that there is specific mention in the FIR that applicant no.1 - Mansing has used knife in the crime in question.

5.

The applicant no.1 - Mansing is alleged to have used knife in the crime in question. If the corresponding injury is assessed from the investigation papers, in my opinion, there is no material, particularly, medical evidence to infer that applicant no.1 - Mansing has caused any incise wound. As such, said contention of the learned A.P.P. is liable to be rejected. Apart from above,

3 Cri. Appln. 3997-2016 at the behest of applicant no.1 - Mansing, there is another crime bearing Crime no.76 of 2016 registered against the complainant.

6.

So far as applicant no.2 - Nagusing is concerned, he is aged about 74 years and there are no specific allegations against him in the FIR. 7.

In absence of any criminal antecedents, the Application for pre-arrest bail stands allowed. 8.

In the event of the arrest of the applicants in Crime no. 75 of 2016 registered at Ghansawangi Police Station, Dist. Jalna for the offences punishable under section 307, 324, 143, 147, 148, 149, 323, 504, 506 of the Indian Penal Code, they be released on bail upon their executing P.R. bonds in the sum of Rs.15,000/- (Rs. Fifteen Thousand) each with one surety each in the like amount.

9.

The applicants shall attend the concerned

4 Cri. Appln. 3997-2016 Police Station, initially on 11th and 12th August, 2016 between 10.00 am and 12.00 noon and, thereafter, as and when called.

10.

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

11.

Criminal Application stands disposed of accordingly.

[N.W. SAMBRE] JUDGE arp/-