Sudam Pandurang Jaybhay v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5091 OF 2015 Sudam Pandurang Jaybhay, Age : Major, Occu. Agri., R/o Gojegaon, Tq. Aundha (N), District Hingoli APPLICANT

VERSUS

The State of Maharashtra through In-charge Police Station, Aundha (N), Tq. Aundha (N), District Hingoli RESPONDENT ---- Mr. V.D. Sapkal, Advocate for the applicant Smt. M.S. Patni, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 07/10/2015 ORAL ORDER :

1.

Heard both sides.

2.

The present applicant, who has surrendered before the learned Special Judge in Crime No. 38/2014, registered with Aundha (Nagnath) Police Station, District Hingoli for the offences punishable under section 354(D), 326, 143, 147, 148, 149, 324, 323, 504, 506, 427 of the I.P. Code and under section 3 (1) (xi) and 3 (1) (x) of the Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act and under section 135 of the Bombay Police Act, is praying for his release on bail.

.

The applicant's application for grant of bail was rejected by the learned Special Judge, Basmat vide order dated 9th September, 2015, on the ground that he was absconding and lateron appeared in the Court. 3.

The hearing from both sides as well as the record would show that the applicant was not named in the FIR. Some of the eye witnesses lateron, during investigation, have allegedly stated that the present applicant was present at the time of incident. All other accused are already released on bail. In the circumstances, the present applicant deserves to be released on bail. Hence, the following order. 4.

The applicant - Sudam Pandurang Jaybhay be released on bail in Crime No. 38/2014, registered with Aundha (Nagnath) Police Station, District Hingoli for the offences punishable under section 354(D), 326, 143, 147, 148, 149, 324, 323, 504, 506, 427 of the I.P. Code and under section 3 (1) (xi) and 3 (1) (x) of the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and under section 135 of the Bombay Police Act, on his executing P.R. bond in the sum of Rs. 20,000/- (rupees twenty thousand) and also upon furnishing surety in the like amount.

Hamdast allowed.

5.

The present application is accordingly allowed and disposed of.

[M.T. JOSHI] JUDGE npj/criapln5091-2015