Sakharam Bhaurao Shinde And Another v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1450 OF 2022 Sakharam Bhaurao Shinde & anr.

... APPLICANTS

VERSUS

The State of Maharashtra ... RESPONDENT .......

Mr. P.P. More, Advocate for applicants Mr. S.P. Sonpawale, A.P.P. for respondent .......

CORAM :

R. G. AVACHAT, J.

DATE :

14th SEPTEMBER, 2022.

PER COURT :

Heard. This is an application for bail under Section 439 of the Code of Criminal Procedure. The applicants have been arrested in connection with Crime No.0215/2022, registered at Hadgaon Police Station, District Nanded for the offences punishable under Sections 307, 504, 506 read with Section 34 of the Indian Penal Code. 2.

The First Information Report (F.I.R.) has been lodged by Vishnu Jadhav on 17/2/2022 in relation to the incident dated 15/7/2022. As such, there is a delay of 2 days in lodging of the F.I.R. There is counter F.I.R. as well. There

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is history of criminal incidents between the family of the applicants and that of the informant. On the given day, the applicant allegedly intercepted the informant and his brother Ajay and Santosh. The applicant and co-accused beat up them with stick, spade and iron rod. The assault on head is also alleged to have been made by co-accused Anand. He is not before the Court.

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The injury certificates of the victims indicate them to have suffered simple injuries. The injured have been discharged from the hospital after 4 - 5 days. The applicants have been behind the bars for about two months. It appears that, further pre-trial detention of the applicants is not warranted. Therefore, I am inclined to grant the applicants bail. Hence the order :

O R D E R

(i) The Bail Application is allowed.

(ii) The applicants be released on bail in connection with Crime No.0215/2022, registered at Hadgaon Police Station, District Nanded for the offences punishable under Sections 307, 504, 506 read with Section 34 of the Indian Penal Code

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on their executing P.R. bond in the sum of Rs.15,000/- (Rupees fifteen thousand) each with one surety in the like amount.

(iii) The applicants shall attend the concerned police station twice a week i.e. on every Wednesday and Friday between 7.00 p.m. and 8.00 p.m. for next six months.

(iv) The applicants shall not tamper with the prosecution evidence in any manner.

( R. G. AVACHAT, J. ) fmp/-