Ankush S/O Ambadas Bhange And ANR v. The State Of Mahrashtra

1 Cr.Apln. 4230.2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 CRIMINAL APPLICATION NO. 4230 OF 2016 ANKUSH S/O AMBADAS BHANGE & ANR.

VERSUS

THE STATE OF MAHARASHTRA .............................

Mr. S.B.Bhosale, Advocate for Applicants.

Mr. S.B.Yawalkar, A.P.P. for Resp. - State.

..............................

CORAM : A.M.BADAR, J.

DATE : 19th AUGUST, 2016 .............................

PER COURT :

1.

The applicants/accused in Crime No. 95/2015 registered at Bembli police station, Tq. & Dist. Osmanabad for the offences punishable U/ss 395,452,504,506 of the Indian Penal Code are praying for pre-arrest bail. 2.

Heard learned counsel for the applicants. Learned A.P.P. opposed the application by contending that there are eye witnesses to the incident.

3.

Perused F.I.R. and papers of investigation. It is

2 Cr.Apln. 4230.2016 not in dispute that Rahul Bhange was arrested and now he is released on bail. The averments in the F.I.R. are to the effect that after trespassing the parental house of Meerabai by the accused persons, co-accused Rahul had snatched Mangalsutra from the person of Meerabai.

4.

Considering the nature of averments and the fact that co-accused Rahul was already arrested and released on bail, custodial interrogation of the present applicants is not warranted and, therefore, the following order. (i) The application is allowed.

(ii) In the event of arrest in Crime No. 95/2015 registered at Bembli police station, Tq. & Dist. Osmanabad for the offences punishable U/ss 395,452,504,506 of the Indian Penal Code, applicant No. 1 Ankush s/o Ambadas Bhange and applicant No. 2 Bandu s/o Ankush Bhange be released on bail on executing P.R. Bond of Rs. 10,000/- [Rupees Ten Thousand] each and on furnishing surety in the like amount.

(iii) As a condition of this Order, the applicants shall not extend any threat, inducement or promise to the persons acquainted with the facts of the accusation so as to dissuade them from disclosing the same either to the police or the Court.

3 Cr.Apln. 4230.2016 (iv) The applicants shall not tamper the evidence of the prosecution.

(v) The applicants to attend concerned police station on 30/08/2016 in between 11.00 a.m. and 1.00 p.m. and they should co-operate the Investigating Officer in the investigation.

[A.M.BADAR, J.] KNP/Cr.Apln. 4230.2016