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Bombay High CourtAPPLN/4215/2015disposed off

Amol S/O Gautam Mahire v. The State Of Maharashtra

2015-08-17Hon'Ble Shri Justice T.V. Nalawade4 pages

1 Applications 4251&3902/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Criminal Application No. 4215 of 2015 Amol s/o Gautam Mahire.

.. Applicant.

Versus

The State of Maharashtra.

.. Respondent.

-------- Shri. Abhaysinh K. Bhosle, Advocate, for applicant. Shri. U.H. Bhogle, Additional Public Prosecutor, for respondent.

-------- With Criminal Application No. 3902 of 2015 Sachin s/o Vinayak Sonawane.

.. Applicant.

Versus

The State of Maharashtra.

.. Respondent.

-------- Shri. Kiran D. Jadhav, Advocate, for applicant. Shri. U.H. Bhogle, Additional Public Prosecutor, for respondent.

--------

2 Applications 4251&3902/2015 CORAM: T.V. NALAWADE, J.

DATE : 17th AUGUST 2015 ORDER:

1) Both the applications are filed for bail. Previous applications of the present applicants were withdrawn when this Court had expressed that the Court is not inclined to grant bail. So it needs to be treated that those applications were rejected on merits.

2) Both the applications are filed on the ground that this Court has granted bail to Pradeep Sure in Criminal Application No.3040 of 2015.

3) Both the sides are heard. This Court has again gone through the material which is available against the present applicants. They are behind the bars since November 2014. In Criminal Application No.3040 of 2015 this Court has discussed the role played by the boys. Unfortunately the girls were not made to identify the boys. On last occasion the learned Additional Public Prosecutor was directed to inform this Court the name of the leader

3 Applications 4251&3902/2015 of the boys but the APP submitted that the police officer is not in a position to inform the name of the leader of the boys. Such activities can be stated as activities against the interest of the nation itself as if these activities are allowed to be continued they may cause danger to the integration of the nation also. Due to this serious implications this court had not granted bail to the applicants.

4) The applicants are young boys. The applicants now must have learnt lesson. Considering the nature of weapons used, the number of blows and the manner in which the incident took place this Court holds that it is not now desirable to keep the applicants behind the bars till disposal of the case.

5) In the result, the applications are allowed. Each of the applicant is to be released on bail in connection with Crime No.I-255/2014 registered with Kannad Police Station, District Aurangabad, for offences punishable under sections 302, 143, 147, 148, 149 etc of Indian Penal Code on furnishing PR and SB of Rs.50,000/-

4 Applications 4251&3902/2015 (Rs. Fifty thousand only) by each of them with one solvent surety in the like amount. The applicants are not to tamper with the prosecution witnesses. They are not to commit similar offences. They are to remain outside of Aurangabad City till disposal of. They are allowed to enter the city only to face the trial that too after informing the police.

Sd/- (T.V. NALAWADE, J. ) rsl