Dattatrays Dnyandev Shinde v. The State Of Maharashtra.

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5030 OF 2015 Dattatraya s/o Dnyandev Shinde ..APPLICANT

VERSUS

The State of Maharashtra ..RESPONDENT Mr Shashikiran N. Patil, Advocate for applicant; Mrs M.A. Deshpande, A.P.P. for respondent WITH CRIMINAL APPLICATION NO.4849 OF 2015 Ganesh Mohan Satre & anr.

..APPLICANT

VERSUS

The State of Maharashtra ..RESPONDENT Mr Joydeep Chatterji, Advocate for applicant; Mrs M.A. Deshpande, A.P.P. for respondent CORAM : N.W. SAMBRE, J.

DATE : 16th October, 2015 ORAL ORDER :

All the three applicants, are seeking bail under section 439 of the Code of Criminal Procedure, in connection with C.R. No.I-90 of 2015, registered with Rahuri police station, Tq. Rahuri, Dist. Ahmednagar, for offences punishable under sections 395, 307, 452, 354 (a), 355, 324, 323, 504 and 506 of the Indian Penal Code.

2.

Pursuant to an offence which took place on 12th March, 2015, the

(2) above referred crime came to be registered. Upon perusal of the first information and other documents, it depicts that the applicant, namely, Dattatraya Dnyandev Shinde is named in the first information report, however, no overt act is attributed to him.

3.

According to the applicants they were arrested on 13th March, 2015. The investigation is already completed and charge-sheet is filed on 18th May, 2015.

4.

Having regard to the allegations made against the applicants herein, particularly in relation to the applicant Dattatraya in Cri. Application No.5030 of 2015 and applicant no.2 Ramesh in Cri. Application No.4849 of 2015, it is required to be noted that no direct overt act is attributed to them, but for their presence. So far as applicant no.1 Ganesh in Cri. Application No.4849 of 2015 is concerned, a bar has been seized from him. The applicants are behind bars since last six months. In view of the fact that the investigation is completed, in my opinion, it will be appropriate to release the applicants on bail. I, therefore, pass following order :- Criminal Application No.5030 of 2015 and Criminal Application No.4849 of 2015 stand allowed.

The applicants in both the applications, namely, Dattatraya s/o Dnyandev Shinde, Ganesh Mohan Satre and Ramesh Rohidas Satre, be released on bail, in connection with C.R. No.I-90 of 2015, registered with

(3) Rahuri police station, Tq. Rahuri, Dist. Ahmednagar, for offences punishable under sections 395, 307, 452, 354 (a), 355, 324, 323, 504 and 506 of the Indian Penal Code, on each of them furnishing P.R. Bond of Rs.15,000/- with one surety in the like amount. The applicants shall not enter the territorial limits of village Vambori, Taluka Rahuri, Dist. Ahmednagar, for a period of six months from today or till conclusion of the trial, whichever occurs earlier, without prior permission of the Trial Court.

(N.W. SAMBRE, J.) amj