Ganesh Maruti Yewale And ANR. v. The State Of Maharashtra

Cri.W.P.No.6468/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.6468 OF 2015 1.

Ganesh Maruti Yewale, Age 29 years, Occu. Agri., 2.

Babasaheb Maruti Yewale Age 32 years, Occu. Agri., Both r/o Renvadi, Taluka Parner, District Ahmednagar ..Applicants

Versus

.

The State of Maharashtra, through Police Station, Parner, Taluka Parner, District Ahmednagar ..Respondent Mr P.S. Pawar, Advocate for applicants Mr S.B. Pulkundwar, A.P.P. for respondent CORAM : N.W. SAMBRE, J.

DATE : 22nd December 2015 PER COURT Heard.

2.

Learned Counsel for the applicants, in view of availability of prima facie material against applicant No.1, upon instructions, does not press application, as such the application stands dismissed as regards claim of applicant No.1.

3.

So far as the applicant No.2 is concerned, he is seeking prearrest bail in Crime No.I-372/2015 registered at Parner Police Station, District Ahmednagar, for the offences punishable under Sections 326, 324, 323, 504, 506, 143, 147, 148 and 149 of the Indian Penal Code.

Cri.W.P.No.6468/2015 4.

The role attributed to the applicant No.2 is that he has used stick in the commission of crime. Statements of witnesses depict that the blood of stick was received on the hand of the complainant. 5.

In view thereof, in my opinion, looking to the nature of allegations, the applicant No.2 is entitled for bail, though the same is opposed by learned A.P.P. on the ground of nature of injuries sustained by the complainant and version of the eye witnesses. 6.

As such, the applicant No.2 - Babasaheb Maruti Yewale, in the event of his arrest in Crime No.I-372/2015, registered at Parner Police Station, District Ahmednagar, for the offences punishable under Sections 326, 324, 323, 504, 506, 143, 147, 148 and 149 of the Indian Penal Code, be released on bail, upon furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty-five thousand) with one surety in the like amount.

7.

The applicant No.2 shall attend the concerned Police Station for three days i.e. on 28th, 29th and 30th December 2015 between 10.00 a.m. and 12.00 noon and thereafter, as and when called for by the Investigating Officer.

8.

Criminal Application stands partly allowed i.e. to the extent of applicant No.2 in above terms.

( N.W. SAMBRE, J.) vvr