Sandip S/O Atmaram Naik And ORS v. The State Of Maharashtra And ANR

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.6256 OF 2015 1.

Sandip s/o Atmaram Naik, 2.

Atmaram s/o Morsing Naik, 3.

Ambalal s/o Morsing Naik, 4.

Mevalal s/o Morsing Naik ..APPLICANTS

VERSUS

1.

The State of Maharashtra 2.

The Police Inspector, Nandurbar Upa-Nagar police station, Dist. Nandurbar ..RESPONDENTS Mr C.R. Deshpande, Advocate for applicants;

Mr A.P. Basarkar, Addl. Public Prosecutor for respondents CORAM : N.W. SAMBRE, J.

DATE : 17th December, 2015 ORAL ORDER :

Learned Counsel appearing on behalf of the applicants does not press the application for applicant no.1 Sandip s/o Atmaram Naik. Thus, the application, to his extent, stands dismissed as not pressed. 2.

So far as applicants no.2 to 4 are concerned, they are seeking prearrest bail, in connection with C.R. No.95 of 2015, registered with Upanagar police station, Dist. Nandurbar, for offences punishable under

(2) sections 354, 323, 325, 294, 504, 506, 509 read with sec. 34 of the Indian Penal Code.

3.

Perusal of the first information report depicts that there are sweeping allegations against applicants no.2 to 4. 4.

The investigation papers reflect that the investigation is already complete.

5.

In view of above, in my opinion, custodial interrogation of applicants no.2 to 4 is not required. Thus, it will be appropriate to enlarge applicants no.2 to 4 on pre-arrest bail. I, therefore, pass following order :- In the event of arrest of applicants no.2 to 4, namely, Atmaram s/o Morsing Naik, Ambalal s/o Morsing Naik and Mevalal s/o Morsing Naik, in connection with C.R. No.95 of 2015, registered with Upa-nagar police station, Dist. Nandurbar, for offences punishable under sections 354, 323, 325, 294, 504, 506, 509 read with sec. 34 of the Indian Penal Code, they be released on bail, on each of them furnishing P.R. Bond of Rs.25,000/- with one surety in the like amount.

Applicants no.2 to 4 shall attend the concerned police station initially for two days, i.e. on 19th and 20th December, 2015, between 10.00 a.m. and 12 noon and thereafter as and when called for by the Investigating Officer.

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