Sanjay S/O Vasant Mane v. The State Of Maharashtra And ANR
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5127 OF 2015 Amrut @ Ambu Sambhaji Ajabe, Age: 34 years, Occ: Agri., R/o. Shiral, Tq. Ashti, Dist. Beed.
...Applicant versus The State of Maharashtra, through the Police Officer, Karjat Police Station, Karjat, Tq. Karjat, Dist. Ahmednagar.
...Respondent
WITH CRIMINAL APPLICATION NO. 5467 OF 2015 IN CRIMINAL APPLICATION NO. 5127 OF 2015 Sanjay s/o Vasant Mane, Age: 33 years, Occ: Agri., R/o. Mirajgaon, Tq. Karjat, Dist. Ahmednagar.
...Applicant versus The State of Maharashtra, through the Police Officer, Karjat Police Station, Karjat, Tq. Karjat, Dist. Ahmednagar & anr.
...Respondents
...
Mr. Niteen V. Gaware, Advocate for the applicant Mr. G.O. Wattamwar, Addl. Public Prosecutor for respondent/State Mr. N.R. Thorat, Advocate for original complainant ...
CORAM : N.W. SAMBRE, J.
DATE : 12th OCTOBER, 2015
-2ORAL ORDER :
The present applicant is seeking regular bail in Crime No. 225/2013 registered with Police Station, Karjat, District Ahmednagar for an offence punishable under Sections 143, 147, 148, 149, 307, 324, 323, 504, 506 of the Indian Penal Code and under Section 3/25, 4/25 of the Arms Act, in which he was arrested on 29/07/2015.
2.
The investigation in the matter is already completed. 3.
Learned A.P.P., while opposing the bail, would urge that there is direct evidence of involvement of the applicant in the commission of crime in question. He has relied upon certain statement of eye witnesses.
4.
Mr. N.R. Thorat, learned Counsel for original complainant has moved Criminal Application No.5467 of 2015 to assist the prosecution, same stands granted.
5.
It is further urged by the complainant that the applicant is influential person and is likely to tamper the evidence and may issue threats.
6.
Having considered the rival contentions of the parties, it
-3is noticed that the nature of injuries suffered by the victim were simple one.
7.
The applicant is already behind the bars since 29/07/2015 and is further detention in prison is of hardly any assistance to the prosecution.
8.
In the back ground of above and particularly having regard to the nature of injuries and other material on record, it will be appropriate, in my opinion, to order the release of the applicant on bail. Hence, I propose to pass the following order :- The applicant be released on bail, upon executing the P.R. bond of Rs.15,000/- (Rs. Fifteen thousand) with one surety in the like amount, in connection with Crime No. 225/2013 registered with Police Station, Karjat, District Ahmednagar for an offence punishable under Sections 143, 147, 148, 149, 307, 324, 323, 504, 506 of the Indian Penal Code and under Section 3/25, 4/25 of the Arms Act. The applicant shall not enter within the jurisdiction of concerned police station till filing of the charge sheet but for the investigation purpose.
9.
The application stands allowed.
[ N.W. SAMBRE, J. ] Tupe/12.10.15