Bapurao Manikrao Shete v. The State Of Maharashtra And Others

938-BA-1446-2022.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1446 OF 2022

1. Dhanraj Baburao Sontakke

2. Madhav Punjaji Dakhore ... Applicants

Versus

The State of Maharashtra ... Respondent ....

Mr. R. S. Deshmukh, Senior Advocate a/w Mr. Shriram V. Deshmukh, Advocate i/b Mr. D. R. Deshmukh, Advocate for applicants Mr. A. V. Deshmukh, APP for respondent - State ....

WITH CRIMINAL APPLICATION NO. 3089 OF 2022 Bapurao Manikrao Shete ... Applicant

Versus

The State of Maharashtra and others ... Respondents ....

Mr. Y. P. Deshmukh, Advocate for applicant Mr. A. V. Deshmukh, APP for respondent No.1- State Mr. R. S. Deshmukh, Senior Advocate a/w Mr. Shriram V. Deshmukh, Advocate i/b Mr. D. R. Deshmukh, Advocate for respondent Nos. 2 and 3 ....

CORAM : R. G. AVACHAT, J.

DATED : 04th OCTOBER, 2022 PER COURT :- .

Criminal Application no. 3089 of 2022 is allowed. The original complainant is permitted to assist the learned APP.

(( 2 )) 938-BA-1446-2022 2.

This is an application for bail under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with Crime No.0083/2022, registered at Manatha Police Station, District Nanded, for the offences punishable under Sections 307, 326, 120-B, 109, 324, 323, 504, 506, 143, 147, 148, 149 of the Indian Penal Code and under Section 4/25 of the Arms Act. 3.

Heard. Perused the First Information Report (FIR) and related papers.

4.

The learned APP has objection to grant the applicants, bail.

5.

The applicants are allegedly assaulted two persons, namely, Bapurao Shete and Parvatibai. Parvatibai's injury certificate is not on record. Bapurao's injury certificate indicates him to have suffered three injuries. Two of them are simple in nature (Abrasion and contusion). Third was on CLW - on forehead. It is informed that he has been discharged from hospital. There are cross complaint. On investigation, the charge-sheet has been filed. It will take time for commencement and conclusion of trial. The applicants have been in

(( 3 )) 938-BA-1446-2022 jail for little over five months. For all these reasons, the application is allowed. Hence, following order:

O R D E R

(i) The Bail Application is allowed.

(ii)The applicants be released on bail in connection with Crime No.0083/2022, registered at Manatha Police Station, District Nanded, for the offences punishable under Sections 307, 326, 120-B, 109, 324, 323, 504, 506, 143, 147, 148, 149 of the Indian Penal Code and under Section 4/25 of the Arms Act, on their executing P. R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) each with surety bond each of the like amount.

(iii)The applicants shall mark their presence at the concerned Police Station on every Sunday by 02.00 p.m. for next one year.

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

[ R. G. AVACHAT, J. ] SMS