Haribhau Kacharu Thorat And Others v. The State Of Maharashtra

939-BA-2146-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.2146 OF 2022 HARIBHAU KACHARU THORAT AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Dhananjay R. Gavhad APP for Respondent : Mr. S. P. Deshmukh ...

CORAM :

S. G. MEHARE, J.

DATE :

05-01-2023 PER COURT :- 1.

Heard the learned counsel for the applicants and the learned A.P.P. for the respondent/State.

2.

The applicants and the complainant are neighbourers. The applicant misunderstood that the mother of the complainant was abusing them. Therefore, they have assaulted the family members of the first informant with weapons like sickle, iron rod and axe. The applicants have been arrested on 08.11.2022. Since then they are behind bar.

3.

The papers placed before the Court reveal that the alleged weapons have been seized. Injured have suffered simple injuries. There appears misunderstanding and dispute in two families. There are no antecedents to the discredit of the applicants. Nothing is to be investigated from them. In the facts and

939-BA-2146-22.odt circumstances of the case and considering the material collected against the applicants, the Court is of the view that it would be inappropriate to keep them behind bar. However, certain conditions may be imposed. Hence, the following order:- i) The application is allowed.

ii) Applicants Nos. (1) Haribhau Kacharu Thorat, (2) Ashish Haribhau Thorat, (3) Babasaheb Gautam Thorat and (4) Gautam Kachru Thorat, be released on bail, on furnishing PB and SB of Rs.50,000/- each, with one solvent surety of like amount, in C.R.No.376 of 2022 registered with Shillegaon Police Station, District Aurangabad, for the offences punishable under Sections 143, 147, 148, 149, 307, 326, 324, 325, 323, 504 and 506 of the Indian Penal Code, on the conditions that, (a) They shall not enter the village Tandulwadi for a month from the date of their release.

(b) They shall not contact the injured and tamper with the prosecution witnesses.

( S. G. MEHARE ) JUDGE rrd