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Bombay High CourtBA/1519/2022application allowed

Sharukh Jaker Pathan And Another v. The State Of Maharashtra

2022-09-29Hon'Ble Shri Justice R. G. Avachat3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1532 OF 2022

1. Krushna Ratnakar Pathre

2. Ganesh Gangadhar Raghu ..APPLICANTS

VERSUS

State of Maharashtra ..RESPONDENT WITH BAIL APPLICATION NO. 1496 OF 2022

1. Babar Iliyas Patel

2. Saeed Mahemood Patel

3. Nisar Rahim Patel ..APPLICANTS

VERSUS

State of Maharashtra ..RESPONDENT WITH BAIL APPLICATION NO. 1519 OF 2022

1. Sharukh Jaker Pathan

2. Altaf Babulal Patel ..APPLICANTS

VERSUS

State of Maharashtra ..RESPONDENT ....

Mr. D.S. Patil, Advocate for applicants in BA/1532/2022 Mr. N.S. Ghanekar, Advocate for applicants in BA/1496/2022 Mr. R.R. Kazi, Advocate for applicants in BA/1519/2022 Mr. S.P. Sonpawale, A.P.P. for respondent - State in BA/1532/2022 and BA/1496/2022 Mr. A.V. Deshmukh, A.P.P. for respondent - State in BA/1519/2022 ....

CORAM : R.G. AVACHAT, J.

DATE : 29th SEPTEMBER, 2022 1 / 3

PER COURT :

1.

All these applications for bail under Section 439 of Code of Criminal Procedure are being decided by this common order since they arise from one and the same crime. The applicants have been arrested in connection with Crime No. 277 of 2022 registered with Phulambri Police Station, Dist. Aurangabad for the offences punishable under Sections 308, 353, 332, 427, 143, 144, 145, 147, 148, 149 and 160 of the Indian Penal Code and under Section 135 of the Maharashtra Police Act, 1951. 2.

Heard. Perused the First Information Report ("F.I.R.") and related police papers.

3.

There was a fight between the two groups. The F.I.R. has been lodged by a police officer. The accused themselves suffered injuries. It is informed that three police officials have also suffered injuries, simple in nature. The applicants are behind the bars for near about one month. It will take time for conclusion of investigation. Pre-trial detention of the applicants is unwarranted. The Court is, therefore, inclined to grant the applicants bail. 4.

In view of above, the applications deserve to be allowed. Hence I pass the following order :- 2 / 3

ORDER

(I) The bail applications are allowed.

(II) The applicants be released on bail, in connection with Crime No. 277 of 2022 registered with Phulambri Police Station, Dist. Aurangabad for the offences punishable under Sections 308, 353, 332, 427, 143, 144, 145, 147, 148, 149 and 160 of the Indian Penal Code and under Section 135 of the Maharashtra Police Act, 1951, on 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 not tamper with the prosecution evidence.

( R.G. AVACHAT, J. ) SSD 3 / 3