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Bombay High CourtAPPLN/4235/2016disposed off

Aziz S/O Sattar Kacchi And ANR v. The State Of Maharashtra

2016-08-10Hon'Ble Shri Justice Nitin W. Sambre3 pages

1 Cri. Appln. 4235-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4235 OF 2016 1] Aziz S/o Sattar Kacchi, Age 40 years, Occupation : Agriculture, R/o Lakha, Tq. Kaij, Dist. Beed 2] Siddiq S/o Samad Kacchi, Age : 22 years, Occu. : Agriculture, R/o as above .. Applicants Vs.

The State of Maharashtra Through Police Station, Kaij, Dist. Beed .. Respondent .....

Mr. G.D. Kale, Advocate h/f Mr. M.V. Nagargoje, Advocate for the applicants Mr. C.V. Dharurkar, APP for the respondent-State ......

CORAM : N.W. SAMBRE, J.

DATE : 10/08/2016 ORAL ORDER :

Heard.

2.

The applicants are seeking pre-arrest bail in Crime no. 17 of 2016 registered at Kaij Police Station, Tq. Kaij, Dist. Beed for the offences punishable under section 324 r/w. 34 of the Indian

2 Cri. Appln. 4235-2016 Penal Code and under section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

3.

Upon perusal of the FIR, there is hardly any role attributed to the applicants, much less, the role in the commission of crime under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

4.

There is an active role attributed to one Mohsin in the matter of assault, who is not before the Court. In view thereof, the Application is allowed.

5.

In the event of the arrest of the applicants in Crime no. 17 of 2016 registered at Kaij Police Station, Tq. Kaij, Dist. Beed for the offences punishable under section 324 r/w. 34 of the Indian Penal Code and under section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, they be released on bail upon their

3 Cri. Appln. 4235-2016 executing P.R. bonds in the sum of Rs.15,000/- (Rs. Fifteen Thousand) each with one surety each in the like amount.

6.

The applicants shall attend the concerned Police Station initially on 20th and 21st August, 2016 between 10.00 am and 12.00 noon and thereafter as and when called.

7.

The applicants shall not tamper with the prosecution evidence or influence the witnesses in any manner.

8.

Criminal Application stands disposed of accordingly.

[N.W. SAMBRE] JUDGE arp/-