Parasram S/O Kantiram Jadhav v. The State Of Maharashtra And ANR

criap4021.16 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4021 OF 2016 Parasram s/o Kantiram Jadhav, Age : 27 years, Occu. Service, R/o Kiroda, Tq. Loha, Dist. Nanded ..APPLICANT

VERSUS

1.

The State of Maharashtra ..RESPONDENTS 2.

The District Superintendent of Police, Nanded, Dist. Nanded Mr V.B. Dhage, Advocate for applicant;

Mr S.D. Ghayal, Addl. Public Prosecutor for respondents CORAM : N.W. SAMBRE, J.

DATE : 3rd August, 2016 ORAL ORDER :

By this application under section 438 of the Code of Criminal Procedure, the applicant seeks pre-arrest bail, in connection with C.R. No.107 of 2016, registered with police station, Loha, Dist. Nanded, for offences punishable under sections 324, 323, 336, 143, 147, 148, 149, 504, 506 of the Indian Penal Code and under sections 3 (1) (s) and 3 (1) (r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

2.

Complainant Deepak alleges that the applicant has assaulted his father and uncle with a stick and knife, resulting into registration of the aforesaid crime.

3.

If the case diary is perused, there are in all seven victims who have suffered simple injuries, which at the most could be covered under section

criap4021.16 (2) 323 of the Indian Penal Code. The said offence is bailable one. 4.

Apart from above, it is required to be noted from the contents of the first information report that complainant has narrated exaggerated version, as the contents of the first information report do not match with that of the investigation carried till date.

5.

In view of above, false implication of the applicant in the crime in question cannot be ruled out. Thus, the applicant deserves to be granted bail, in the event of his arrest. I, therefore, pass following order :- In the event of arrest of the applicant, in connection with C.R. No.107 of 2016, registered with police station, Loha, Dist. Nanded, for offences punishable under sections 324, 323, 336, 143, 147, 148, 149, 504, 506 of the Indian Penal Code and under sections 3 (1) (s) and 3 (1) (r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, he be released on bail, on furnishing P.R. Bond of Rs.15,000/- with one surety in the like amount. The applicant shall attend the concerned police station initially on 8th and 9th August, 2016, between 10.00 a.m. and 12 noon and thereafter as and when called by the Investigating Officer. Criminal Application stands allowed in above terms. (N.W. SAMBRE, J.) amj