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Bombay High CourtAPPLN/4375/2015disposed off

Pravin S/O Ajabrao Patil And ORS v. The State Of Maharashtra And ANR

2015-08-26Hon'Ble Shri Justice Nitin W. Sambre2 pages

4375.15crapln -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4375 OF 2015 1.

Pravin s/o Ajabrao Patil, 2.

Mukesh s/o Ajabrao Patil, 3.

Kailash s/o Nathu Patil, 4.

Ajabrao s/o Dipa Patil, Applicant Nos. 1 to 4 R/o. Village Vanjari, Tq. Parola, Dist. Jalgaon.

5.

Yogesh s/o Sajan Patil, R/o. Bodarde, Tq.Parola, Dist. Jalgaon.

...Applicants versus The State of Maharashtra & anr

...Respondents

.....

Mr. Suraj P. Tiwari, Advocate for applicants Mr. R.P. Phatke, A.P.P. for respondents .....

CORAM : N.W. SAMBRE, J.

DATE : 26th AUGUST, 2015 ORAL ORDER :

Leave to correct name of applicant No. 4.

2.

Learned Counsel for the applicants, upon instructions, does not press the prayer for grant of pre-arrest bail of applicant Nos. 1 to 3. In view thereof, the application of the applicant Nos. 1 to 3 stands dismissed, as withdrawn.

3.

So far as the applicant Nos. 4 and 5 are concerned, the

4375.15crapln -2prosecution case is that applicant Nos. 4 and 5 have participated in the commission of crime and have given fist blows to Kailash, brother of complainant. The offence, at the most, is punishable under Section 323 of the Indian Penal Code.

4.

In view thereof, It will be appropriate to direct the release of the applicant Nos. 4 and 5 on bail. Hence, I propose to pass the following order.

In the event of arrest, applicant Nos. 4 and 5 be released on bail, upon furnishing P.R. bond of Rs.10,000/- (Rs. Ten thousand) by each of the applicant, with one surety in the like amount, in connection with Crime No. 19/2015 registered with Parola Police Station, Parola, Tq. Parola, Dist. Jalgaon, for the offence punishable under Sections 395, 452, 354, 323, 504, 294 read with Section 34 of the Indian Penal Code. The applicants shall attend the concerned police station on alternate day for one week between 10-00 a.m. to 11-00 a.m and thereafter as and when called by the Investigating Agency.

5.

The application stands allowed to above extent. [ N.W. SAMBRE, J. ] Tupe/26.08.15