Balu @ Laxmikanth S/O. Sampatrao Tathe v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 3429 OF 2017 Balu @ Laxmikanth s/o Sampatrao Tathe ... Applicant

VERSUS

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

Mr. J.J.Patil, advocate for the applicant Mr. A.A.Jagatkar, A.P.P for respondent .....

CORAM : K.L.WADANE, J.

DATED : 26th JULY, 2017 O R D E R :

Heard Mr. Patil, learned counsel for the applicant and Mr. Jagatkar, learned A.P.P. for the respondent.

2.

Informant Namdev Zimbare lodged complaint to the police station alleging that on 15.6.2017 he was going to bring the fertilizers and at about 8.40 a.m. when he was standing in front of Mauli Pan Center, accused Nanasaheb, Babasaheb, Balu came there armed with iron rods and due to previous quarrel, Nanasaheb assaulted informant by means of iron rod, and Balasaheb and Balu

assaulted informant by means of fist and kick blows. Accused Nanasaheb snatched amount of Rs.5,500/- and accused Babasaheb snatched two golden rings from the fingers of informant. With these allegations, offence came to be registered against the present applicant and others.

3.

Allegations against the present applicant are that he has assaulted by means of fist and kick blows to the informant.

4.

I have gone through the statement of Prakash Shiwaji Patil, Rama Narayan Gadge and Santosh Vitthal. From their statements, it appears that they have deposed as per the contents of the first information report. Hence, the allegation against the present applicant is that he has assaulted the informant by means of fist and kick blows. Therefore, question of recovery of any weapon from the possession of present applicant does not arise.

5.

In view of above, the following order.

(i) Criminal Application is allowed.

(ii) In the event of his arrest, the applicant shall be released on bail in

connection with Crime No. 91 of 2017, registered with Charthana police station, District Parbhani, on his furnishing P.R. bond of Rs. 5,000/- with one solvent surety in the like amount.

6.

Criminal Application is disposed of.

(K.L.WADANE, J.) dbm