Madhukar Dilip Sonawane And ANR v. The State Of Maharashtra And ANR

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6261 OF 2015 Madhukar Dilip Sonawane & anr.

..APPLICANTS

VERSUS

The State of Mah. & anr.

..RESPONDENTS Mr N.B. Suryawanshi, Advocate for applicants; Mr S.B. Pulkundwar, Addl. Public Prosecutor for respondents CORAM : N.W. SAMBRE, J.

DATE : 22nd December, 2015 ORAL ORDER :

Heard.

2.

The applicants are seeking pre-arrest bail, in connection with C.R. No.I-155 of 2015, registered with Kopargaon Taluka Police Station, for offences punishable under sections 326, 324, 504, 506, 143, 147, 148, 149 of the Indian Penal Code and sections 37 (1) (3)/135 of the Bombay Police Act.

3.

The role attributed to present applicant no.1 Madhukar Dilip Sonawane is that, he has used an axe in the commission of the crime. Looking to the same, learned Counsel appearing on behalf of the applicants does not press the present application, to his extent. Thus, the application stands dismissed to the extent of present applicant no.1 Madhukar Dilip Sonawane, as not pressed.

(2) 4.

It is noticed that at the behest of the uncle of the present applicants, namely, Rangnath Narayan Sonawane, C.R. No.154 of 2015, for offences punishable under sections 326, 325, 504, 506, 143, 147, 148 and 149 of the Indian Penal Code is already registered against the complainant in the present crime.

5.

So far as applicant no.2 Yogesh Dilip Sonawane is concerned, the allegations against him are in relation to use of stick. Otherwise also, there are sweeping allegations against applicant no.2, in the first information report.

6.

In view of above, false implication of the applicant no.2 cannot be ruled out. Thus, in my opinion, it will be appropriate to release applicant no.2 Yogesh Dilip Sonawane on pre-arrest bail. I, therefore, pass the following order :- In the event of arrest of the applicant no.2 Yogesh Dilip Sonawane, in connection with C.R. No.I-155 of 2015, registered with Kopargaon Taluka Police Station, for offences punishable under sections 326, 324, 504, 506, 143, 147, 148, 149 of the Indian Penal Code and sections 37 (1) (3)/135 of the Bombay Police Act, he be released on bail, on furnishing P.R. Bond of Rs.25,000/- with one surety in the like amount.

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