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Bombay High CourtAPPLN/5076/2015disposed off

Mahadev S/O Prabhakar Deshmukh v. The State Of Maharashtra

2016-01-05Hon'Ble Shri Justice Nitin W. Sambre2 pages

5076.15crapln -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5076 OF 2015 Mahadev s/o Prabhakar Deshmukh, Age: 27 years, Occu: Labour, R/o: Katpur, Tq. & Dist. Latur ...Applicant versus The State of Maharashtra, Through the Officer Incharge of Police Station, Latur(Rural)

...Respondent

.....

Mr. B. R. Kedar, Advocate for applicant Mr. S. Y. Mahajan, A.P.P. for respondent .....

CORAM : N.W. SAMBRE, J.

DATE : 5th JANUARY, 2016 ORAL ORDER :

The applicant herein is seeking regular bail in Crime No. 73 of 2015 registered at Latur (Rural) Police Station, District Latur for the offence punishable under Sections 307, 326, 325, 324 of Indian Penal Code.

2.

Mr. Kedar, learned Counsel for the applicant, while relying upon the affidavits sworn by mother and wife of the applicant, who are victim of criminal violent act of the applicant, submits that in absence of applicant, the only earning member of the family, they are starving and as such, prayed for release of the applicant on bail. He

5076.15crapln -2would, in addition, submit that the investigation in the matter is complete and custodial detention is no more required. 3.

Learned A.P.P. opposed the prayer for grant of bail. 4.

Perused the charge sheet. There is eye witness to the incident in question, which incident narrated in the F.I.R. coupled with medical evidence on record.

5.

In view of availability of prima facie evidence against the applicant, the application stands rejected.

[ N.W. SAMBRE, J. ] Tupe/05.01.2016