Namdev Nagnath Suryawanshi And Another v. The State Of Maharashtra

4-BA.1329.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1329 OF 2022 1.

Namdev s/o. Nagnath Suryawanshi, 2.

Dhiraj s/o. Namdev Suryawanshi ..Applicants Vs.

The State of Maharashtra ..Respondent ---- Mr.D.M.Shinde, Advocate h/f. Mr.S.B.Madde, Advocate for applicants Mr.A.V.Deshmukh, APP for respondent ---- CORAM : R.G. AVACHAT, J.

DATE : SEPTEMBER 07, 2022 ORDER :- This is an application under Section 439 of the Code of Criminal Procedure. The applicants have been arrested in connection with Crime No.053 of 2022 registered with Shirur Anantpal Police Station, Dist.Latur.

2.

Heard learned counsel appearing for the parties. 3.

The First Information Report (FIR) has been lodged by the friend of victim - Vitthal @ Vijaykumar. The applicants are alleged to have assaulted the victim with sharp weapon since he had extramarital relationship with the daughter of applicant no.1.

4-BA.1329.2022 4.

Learned APP would submit that not less than seven injuries have been caused to the victim. Some injuries are grievous in nature. He, therefore, urged for rejection of the applicant. 5.

On investigation, charge sheet has been filed. Applicant no.2 is just 20 years of age. Applicant no.1 is his father. They have been behind the bars for little over five months. The victim has been discharged from the hospital long back. In the fitness of things, the application deserves to be allowed. 6.

Hence, the following order:- (i) The application is allowed.

(ii) The applicants be released in connection with Crime No.053 of 2022 registered with Shirur Anantpal Police Station, Dist.Latur, on executing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) each with one surety each in the like amount. (iii) The applicants shall not tamper with the prosecution evidence.

[R.G. AVACHAT, J.] KBP