Govind S/O Shivprasad Sharma v. The State Of Maharashtra And ANR

criap5290.15 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5290 OF 2015 Govind s/o Shivprasad Sharma ..APPLICANT

VERSUS

The State of Mah. & anr.

..RESPONDENTS Mr Gopal C. Navandar, Advocate for applicant; Mr S.M. Ganachari, A.P.P. for respondents CORAM : N.W. SAMBRE, J.

DATE : 20th October, 2015 ORAL ORDER :

The applicant is seeking pre-arrest bail, in connection with C.R. No.111 of 2015, registered with Bhagya Nagar Police Station, Nanded, for offences punishable under sections 323, 326 read with sec. 34 of the Indian Penal Code.

2.

The incident is alleged to have taken place on 21st July, 2015, for which the first information report has been lodged on 24th July, 2015. 3.

Heard learned Counsel appearing on behalf of the applicant. According to him, in addition to unexplained delay in lodging the first information report, the role attributed to the applicant in the alleged crime is only of accompanying the main accused Ravi.

4.

While opposing the application, learned Addl. Public Prosecutor would urge that the involvement of the applicant herein, in commission of the crime, is apparent from the investigation papers as the applicant herein was accomanying the main accused Ravi, while he was committed the

criap5290.15 (2) crime. According to him, there is prima facie case against the applicant of his involvement in the crime in question. Thus, he prayed for rejection of the application.

5.

With the assistance of the learned Addl. Public Prosecutor, I have perused the investigation papers. The medical record depicts that the complainant has suffered single grievous injury, which according to the statements of the complainant and other witnesses, was caused by main accused Ravi by means of hard and blunt object. There are no direct attributions against the present applicant. In view thereof, in my opinion, it will be appropriate to enlarge the present applicant on pre-arrest bail. Thus, the following order :- In the event of arrest of the applicant, in connection with C.R. No.111 of 2015, registered with Bhagya Nagar Police Station, Nanded, for offences punishable under sections 323, 326 read with sec. 34 of the Indian Penal Code, he be released on bail, on furnishing P.R. Bond of Rs.10,000/- with one surety in the like amount. The applicant shall attend the concerned police station initially for three days, between 10.00 a.m. and 11.00 a.m. and thereafter as and when called by the Investigating Officer.

Criminal Application stands allowed in above terms. (N.W. SAMBRE, J.) amj