Shreedhan S/O Ashok Waghmare v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4800 OF 2015 Kiran s/o Babu Janrao ..APPLICANT

VERSUS

The State of Maharashtra ..RESPONDENT Mr S.J. Salgare, Advocate for applicant;

Smt. M.S. Patni, A.P.P. for respondent WITH CRIMINAL APPLICATION NO.4965 OF 2015 Shreedhan s/o Ashok Waghmare ..APPLICANT

VERSUS

The State of Maharashtra ..RESPONDENT Mr S.A. Wakure, Advocate for applicant;

Smt. M.S. Patni, A.P.P. for respondent CORAM : N.W. SAMBRE, J.

DATE : 15th September, 2015 ORAL ORDER :

By these applications, the applicants seek their release on regular bail, in connection with C.R. No.275 of 2015, registered with City Police Station, Osmanabad, for offences punishable under sections 307, 364, 347, 120-B, 147, 148, 149 of the Indian Penal Code, under section 3/25 of the Arms Act and under section 135 of the Bombay Police Act. 2.

Perusal of the first information report reflects that there are sweeping allegations made against a group of persons, of which the applicants herein were members.

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The regular bail is sought to be opposed, on the ground that the witnesses Namdeo Jadhav and Bhagirath have specifically mentioned about presence of the applicants at the scene of the offence. When confronted with the role attributed to the applicants, learned Addl. Public Prosecutor appearing on behalf of the respondent, submits that the applicants were just present at the scene of the offence, however, no particular role is attributed to them qua use of any arm or weapon in the commission of crime in question.

4.

In view thereof, in my opinion, case for grant of regular bail is made out. Hence, following order :- The applicants be released on regular bail, in connection with C.R. No.275 of 2015, registered with City Police Station, Osmanabad, for offences punishable under sections 307, 364, 347, 120-B, 147, 148, 149 of the Indian Penal Code, under section 3/25 of the Arms Act and under section 135 of the Bombay Police Act, on each of them furnishing P.R. Bond of Rs.10,000/- with one surety in the like amount. The applicants shall keep themselves away from the jurisdiction of the concerned police station till filing of the charge-sheet.

Both Criminal Applications stand allowed in above terms. (N.W. SAMBRE, J.) amj

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