Bhagwan S/O Narayanrao Sarje And ORS v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6615 OF 2015 1.

Bhagwan s/o Narayanrao Sarje, Age: 48 years, Occ: Service as Teacher at Shahu Maharaj Junior College, Bhokar, District Nanded, R/o. Bhokar, Dist. Nanded.

Hanumantrao s/o Narayanrao Sarje, Age: 52 years, Occ: Service as Senior Clerk at Panchavati High School, Raher, Tq. Naigaon, Dist. Nanded, R/o. Raher, Tq. Naigaon, Dist. Nanded.

Yogesh s/o Hanumantrao Sarje, Aged: 24 years, Occ: Service as Computer Engineer at Accenture Service Ltd. Hadapsar, Pune, R/o. Hadapsar, Pune.

4.

Avinash s/o Dattarao Sarje, Aged: 28 years, Occ: Service as Teacher at Sanskar Wardhini Primary School, Taroda (Bk.), Dist. Nanded, R/o. Taroda (Bk.), Nanded.

...Applicants versus 1.

The State of Maharashtra, Through the Police Station Officer, Police Station Dharmabad, District Nanded.

The Superintendent of Police, Nanded.

...Respondents

.....

Mr. S.S. Choudhary, Advocate for applicants Mr. M.B. Bharaswadkar, A.P.P. for respondents .....

WITH

-2CRIMINAL APPLICATION NO. 6559 OF 2015 1.

Shivaji s/o Umaji Dokhale, Age: 61 years, Occ: Agri., Sahebrao s/o Satappa Ambire, Age: 45 years, Occ: Agri., Piraji s/o Maroti Mamde, Aged: 34 years, Occ: Agri., All R/o. Dhanora (Bk), Tq. Umri, District Nanded.

...Applicants versus 1.

The State of Maharashtra, Through Police Station, Dharmabad, Tq. Dharmabad,District Nanded.

The Superintendent of Police, Nanded.

...Respondents

.....

Mr. U.P. Bilolikar, Advocate for applicants Mr. M.B. Bharaswadkar, A.P.P. for respondents .....

CORAM : N.W. SAMBRE, J.

DATE : 18th JANUARY, 2016 ORAL ORDER :

The applicants, in Criminal Application No. 6615 of 2015 are seeking pre-arrest bail, in Crime No. 121 of 2015 and the applicants, in Criminal Application No. 6559 of 2015, are seeking prearrest bail in Crime No. 120 of 2015 registered with Dharmabad Police Station, District Nanded, for the offence punishable under Section 392 read with Section 34 of the Indian Penal Code.

-3In both the crimes, offence is punishable under Section 392 read with Section 34 of the Indian Penal Code. Perused the F.I.R. There appears to be counter complaints.

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Looking to the nature of allegations in the F.I.R. and perusal of investigation papers, in my opinion, counter complaints speak of previous enmity. As such, the applications stand allowed. Hence, following order.

In the event of arrest, the applicants, in Criminal Application No. 6615 of 2015 in Crime No. 121 of 2015 and the applicants, in Criminal Application No. 6559 of 2015 in Crime No. 120 of 2015 registered with Dharmabad Police Station, District Nanded, for the offence punishable under Section 392 read with Section 34 of the Indian Penal Code, be released on bail, upon executing P.R. bond of Rs.15,000/- with one surety in the like amount, by each of them. The applicants shall attend the concerned police station every day on 22nd and 23rd January, 2016 in between 10-00 a.m. to 12-00 noon and thereafter as and when called by Investigating Officer.

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Both the applications stand allowed in above terms. [ N.W. SAMBRE, J. ] Tupe/18.01.2016