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Bombay High CourtABA/1562/2022application allowed

Ganesh Shivaji Warkhade v. The State Of Maharashtra And Another

2022-12-14Hon'Ble Shri Justice N. B. Suryawanshi3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1561 OF 2022

1. Babasaheb S/o Uttam Gaikwad

2. Sunil S/o. Babasaheb Gaikwad .... Applicants

Versus

The State of Maharashtra and another .... Respondents WITH ANTICIPATORY BAIL APPLICATION NO.1562 OF 2022 Ganesh S/o. Shivaji Warkhade .... Applicant

Versus

The State of Maharashtra and another .... Respondents ......

Mr. Narayan B. Narwade, Advocate for the Applicant Mr. V.S. Badakh, APP for Respondents - State ......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 14th December, 2022 ORDER :

1.

The applicants apprehend their arrest in connection with Crime No.0906 of 2022 registered with Newasa Police Station, District Ahmednagar for the offences punishable under sections 307, 143, 144, 147, 148, 323, 504, 506 of the Indian Penal Code.

2.

Heard the learned advocate for the applicant and the learned Additional Public Prosecutor for the respondent State. Perused the investigation papers.

3.

In Anticipatory Bail Application Nos. 1565 of 2022 and 1560 of 2022, co-accused to whom assault by iron rod is attributed, they are granted anticipatory bail, considering the injuries suffered to the informant.

The applicants allegedly assaulted the informant with wooden log. These allegations are not supported by the injury certificate. Weapons and the car used in the alleged offence are already seized, the applicants therefore deserve protection.

4.

Both the applications are allowed. In the event of arrest of applicants in connection with Crime No.906 of 2022, registered with Newasa Police Station, District Ahmednagar for offfences punishable under sections 307, 143, 144, 147, 148, 323, 504, 506 of the Indian Penal Code, the applicants shall be released on bail on executing PB and SB of Rs.15,000/- each with one surety each in the like amount.

5.

Till filing of the charge sheet, the applicants shall attend the concerned police station as and when called by the investigating officer and co-operate in the investigation. The applicants shall not tamper the prosecution evidence. [ NITIN B. SURYAWANSHI ] JUDGE S.P. Rane