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Bombay High CourtAPPLN/3969/2015disposed off

Vivek Ramkrishna Bangar v. The State Of Maharashtra

2015-08-10Hon'Ble Shri Justice V.M. Deshpande2 pages

crap3969.15 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3969 OF 2015 [Vivek Ramkrishna Bangar Vs The State of Maharashtra] _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court's or Judge's orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Shri S.V.Mundhe, advocate for applicant Smt. Pratibha Bharad, A.P.P. for respondent .....

CORAM : V.M.DESHPANDE, J.

DATED : 10 th AUGUST, 2015 PER COURT :- 1] Heard Shri S.V.Mundhe, learned counsel for applicant and Smt. Pratibha Bharad, learned Additional Public Prosecutor for the respondent/State.

2] By the present application, the applicant, who is apprehending his arrest, in connection with Crime No.130 of 2015, registered with Hingoli (Town) Police Station, District Hingoli, for the offences punishable under Sections 307, 324, 143, 147, 148, 149, 323, 506, of the Indian Penal Code, prays for grant of anticipatory bail.

3] The first information report is lodged by first informant Navedkhan, who himself is injured along with one Sameerkhan. The injury certificates of these two persons disclose, a contusion on the nose of Sameerkhan; whereas a contusion on left elbow of Navedkhan. Both the injuries are simple in nature.

3] According to the first information report, it appears that the dispute arose in between the two groups of the students at the time of taking the admission. According to the first information report, the stones were used while making

crap3969.15 assault on the first informant and the injured. 4] The spot panchanama is conspicuously silent in showing any stone lying on the spot of the incident. Further, the allegations made in the first information report are most general in nature.

5] Looking to the fact that the allegations at the most can be attributed to the present applicant that he has given kick and fist blows, custodial presence of the applicant is not at all warranted. That leads me to pass following order.

O R D E R

(i) Application is allowed.

(ii) Applicant-Vivek Ramkrishna Bangar, in the event of his arrest, in connection with Crime No.130 of 2015, registered with Hingoli (Town) Police Station, District Hingoli, for the offences punishable under Sections 307, 324, 143, 147, 148, 149, 323, 506, of the Indian Penal Code, be released on anticipatory bail, on he executing P.R.bond of Rs.5,000/- with one solvent surety in the like amount. (iii) Application is disposed of.

(V.M.DESHPANDE, J.) dbm/crap3969.15