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Bombay High CourtAPPLN/4091/2015application allowed

Avinash Shyam Jedhe v. The State Of Maharashtra And ANR

2015-09-29Hon'Ble Shri Justice Nitin W. Sambre4 pages

(1) criap4743.15 etc

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4743 OF 2015 1.

Vinod s/o Kishor Jedhe 2.

Gokul @ Amit S/o Munir Jedhe 3.

Mayur Vikash Jedhe 4.

Sandip @ Baba S/o Balu Jedhe ..APPLICANTS

VERSUS

The State of Maharashtra & anr.

..RESPONDENTS WITH CRIMINAL APPLICATION NO.4744 OF 2015 1.

Shekhar s/o Kishor Jedhe 2.

Shital S/o Kishor Jedhe 3.

Pritam S/o Prakash Jedhe 4.

Sachin S/o Prakash Jedhe 5.

Shankar S/o Balu Jedhe 6.

Chiya @ Jamir S/o Raju Shaikh ..APPLICANTS

VERSUS

The State of Maharashtra & anr.

..RESPONDENTS Mr N. B. Suryawanshi, Advocate for applicants; Mrs B. B. Gunjal, Addl. Public Prosecutor for respondents WITH CRIMINAL APPLICATION NO.4091 OF 2015

(2) criap4743.15 etc Avinash Shyam Jedhe ..APPLICANT

VERSUS

The State of Maharashtra & anr.

..RESPONDENTS Mr R.K. Temkar, Advocate for applicant;

Mrs B. B. Gunjal, Addl. Public Prosecutor for respondents CORAM : N.W. SAMBRE, J.

DATE : 29th September, 2015 ORAL ORDER :

Heard.

2.

By these applications, the applicants seek their release on bail, in the event of arrest, in connection with C.R. No.I-153 of 2015, registered with Sangamner City Police Station, Sangamner, for offences punishable under sections 307, 323, 143, 147, 148, 149 of the Indian Penal Code and section 37 (1) (3) of the Bombay Police Act.

3.

The applications are opposed by the learned Addl. Public Prosecutor on the ground that there are eye-witnesses to the incident. 4.

From the record, it appears that there is enmity between the group of the present applicants and that of Katari family. Crime Nos.146 of 2015 and 155 of 2015 were registered against the members of Katari family at the behest of the group of the present applicants on 27th June, 2015 and

(3) criap4743.15 etc 5th July, 2015, respectively, for offences punishable under sections 143, 147, 149, 324, 323, 506 and 395 and 417 of the Indian Penal Code. 5.

It is not in dispute that the stick and iron rod were already recoverred and two accused were already arrested, who are granted regular bail vide order dated 28th August, 2015, passed by this Court in Criminal Application No.4086 of 2015.

6.

In view of above background, false implication of the present applicants cannot be ruled out.

7.

In the light of above background, in my opinion, it will be appropriate to order release of the applicants on bail, in the event of their arrest. I, therefore, pass following order :- In the event of arrest of the applicants, in connection with C.R. No.I153 of 2015, registered with Sangamner City Police Station, Sangamner, for offences punishable under sections 307, 323, 143, 147, 148, 149 of the Indian Penal Code and section 37 (1) (3) of the Bombay Police Act, they be released on bail, on each of them furnishing P.R. Bond of Rs.10,000/- with one surety in the like amount.

(4) criap4743.15 etc The applicants shall attend the concerned police station daily, initially for three days, between 10.00 a.m. and 11.00 a.m. and thereafter as and when called by the Investigating Officer. The applicants shall keep away themselves from the jurisdiction of the concerned police station till filing of the charge-sheet. Criminal Applications stand allowed in above terms. (N.W. SAMBRE, J.) amj