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Bombay High CourtAPPLN/4309/2015disposed off

Sachin Shivaji Labde And ORS v. The State Of Maharashtra

2015-08-27Hon'Ble Shri Justice Nitin W. Sambre2 pages

(1) criap4309.15

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4309 OF 2015 Sachin Shivaji Labde & ors.

....APPLICANTS

VERSUS

State of Maharashtra ....RESPONDENT Mr Joydeep Chatterji, Advocate for applicants; S. G. Nandedkar, Addl. Public Prosecutor for respondent; Mr G.J. Pahilwan, Advocate to assist Addl. Public Prosecutor CORAM : N.W. SAMBRE, J.

DATE : 27th August, 2015 ORAL ORDER :

Learned Counsel appearing on behalf of the applicants does not press the present application, to the extent of applicant no.1 Sachin Shivaji Labde and applicant no.2 Sandhya @ Sandip Shivaji Labde. Thus, the present application, to their extent, stands dismissed as not pressed. 2.

The allegation against the applicant no.3 appears to be that he, along with other accused, formed an unlawful assembly and assaulted one Shama Ali Jafar Pathan, causing grievous injuries. 3.

Looking to the nature of allegations, the fact remains that the applicant in Criminal Application No.4485 of 2015, namely, Shivaji Dattatraya Labde was arrested on 25th July, 2015. The investigation against the present applicant appears to have gained momentum and there is hardly anything remained to be recovered from him.

(2) criap4309.15 4.

Looking to the fact that the applicant does not have any criminal antecedents and is in jail since about two months, in my opinion, it will be appropriate to release him on bail. Hence, I pass the following order :- Criminal Application, to the extent of applicant no.3 Shubham @ Sunil Sudhakar Bhapkar, stands allowed.

Applicant no.3 Shubham @ Sunil Sudhakar Bhapkar, be released on bail, in connection with C.R. No.I-233 of 2015, registered with Police Station, Pathardi, District Ahmednagar, for offences punishable under sections 307, 143, 147, 148, 149, 504 and 506 of the Indian Penal Code and sections 3, 4/25 of the Arms Act and sections 37 (1) (3) of the Bombay Police Act, on furnishing P.R. Bond of Rs.10,000/- with one surety in the like amount, on conditioncriap4331 that he shall not enter the jurisdiction of Pathardi police station till filing of the charge-sheet. (N.W. SAMBRE, J.) amj