Smt. Aruna Vishwas Shinde And ANR. v. Sahebrao S/O Shankar Bhalkar And ANR.

1 7-crappln5829-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5829 OF 2015 IN CRIMINAL APPLICATION NO.5154 OF 2015 Smt. Aruna w/o. Vishwas Shinde and anr.

..Applicants

Versus

Sahebrao s/o. Shankar Bhalkar and anr.

..Respondents -- Mr.S.V.Chillarge, advocate for applicants Mr.S.G.Ladda, advocate for respondent no.1 Mr.A.R.Kale, APP For respondent no.2 - State -- CORAM : M.T. JOSHI, J.

DATE : JANUARY 12, 2016 PER COURT :

Heard both sides.

2] Perused the earlier order passed by this court releasing the respondent no.1 on bail.

2 7-crappln5829-15.odt 3] Submissions from both sides would show that while two of the eye witnesses had named present respondent as one of the assailants, two of the eye witnesses had not named him as assailant. 4] This court had directed present respondent no.1 to be released on bail inter alia having considered that the eye witnesses had not named him as one of the assailants. In that view of the matter, it cannot be said that there was suppression of the facts.

5] In the circumstances, present application for cancellation of bail is, therefore, rejected. [M.T. JOSHI, J.] kbp