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Bombay High CourtBA/1409/2024application allowed

Sanjay Balaji Pawar And Another v. The State Of Maharashtra

2024-08-20Hon'Ble Shri Justice S. G. Mehare3 pages

2024:BHC-AUG:18720 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1409 OF 2024 1.

Sanjay Balaji Pawar 2.

Akshay Balaji Pawar ..Applicants

VERSUS

The State Of Maharashtra ..Respondent ...

Advocate for Applicants : Mr. More P. P.

APP for Respondent/State : Ms. M.N. Ghanekar ...

CORAM : S.G. MEHARE, J.

DATED : AUGUST 20, 2024 PER COURT:- 1.

Heard learned counsel for the applicants and learned APP for the State.

2.

The applicants seek bail in Crime No.203 of 2024 registered with Murud Police Station, District Latur for the offences punishable under Sections 307, 143, 147, 148, 149, 504, 506 of the Indian Penal Code.

3.

Though the serious allegations of assaulting with deadly weapons have been levelled against the applicants, the injuries suffered to the injured were simple.

4.

Learned counsel for the applicants would submit that the allegations have been exaggerated to make the offence serious. The

(2) weapons have been recovered from the applicants. They have no antecedents to their discredit. Hence, bail may be granted to them. 5.

Learned APP opposed the application. She would submit that the investigation is in progress. The applicants were aggressive. The nature of injury is immaterial to attract Section 307 of the Indian Penal Code. However, the injuries suffered to the injured were simple. There are eyewitnesses to the incident. The weapons have been recovered at the instance of the applicants. Hence, they may not be granted bail.

6.

Considering the allegations and counter allegations in the case, the fact remains that the injured has suffered simple injuries. The alleged weapons have also been recovered. The material investigation appears to have been completed against the applicants. They have no antecedents to their discredit. Hence, they deserve bail. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicants, Sanjay Balaji Pawar and Akshay Balaji Pawar be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety of the like amount in the above crime, on the conditions that; (a) The applicants should not tamper with the prosecution witnesses.

(3) (b) The applicants should attend the police station as and when called on written notice by the investigation officer till filing the charge sheet.

(S.G. MEHARE, J.) Mujaheed//