Shrimant V Jadhav And ORS. v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5407 OF 2015 IN CRIMINAL APPEAL NO. 403 OF 2001 1.

Shrimant Venkatrao Jadhav (since deceased) 2.

Venkatrao Krishnaji Jadhav (since deceased) 3.

Daulatrao Venkatrao Jadhav, Age : 46 years, Occu. Agri.

R/o Palasi, Tq. Renapur, APPLICANTS/ District Latur APPELLANTS

VERSUS

The State of Maharashtra RESPONDENT ---- Mr. S.V. Gundre, Advocate for applicant No. 3 Smt. R.K. Ladda, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 07/10/2015 ORAL ORDER :

1.

Mr. S.V. Gundre, learned counsel is appearing for the appellant. In the circumstances, Smt. Asha Rasal, learned counsel is discharged from the present appeal proceedings.

2.

As the non-bailable warrant is already executed, there is no question of recalling of the order

of issuance of non-bailable warrant.

3.

According to the learned counsel for the applicant, in fact, the applicants/appellants No. 1 and 2 have died and applicant/appellant No. 3 Daulatrao is arrested. The report from the concerned police station regarding death of applicants/appellants No. 1 and 2 will have to be called.

4.

In the circumstances, for the reasons stated in the application, the same is allowed. Applicant/ appellant No. 3 Daulatrao Venkatrao Jadhav be released on bail upon his executing P.R. bond in the sum of Rs. 15,000/- (rupees fifteen thousand) and also upon furnishing surety in the like amount.

Hamdast granted.

5.

Learned A.P.P. is directed to seek report from the concerned police station regarding the death or otherwise of the appellants No. 1 and 2.

Stand over to 20th October, 2015 in criminal appeal.

6.

The present criminal application stands disposed of accordingly.

7.

The learned A.P.P. to act on authenticated copy of this order.

[M.T. JOSHI] JUDGE npj/criapln5407-2015