Dnyaneshwar Srikisan Naikwade. v. The State Of Maharashtra And Other

6820.15crapln -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6820 OF 2015 Dnyaneshwar s/o Shrikisan Naikwade ...Applicant versus 1.

The State of Maharashtra 2.

Balaji @ Balasaheb s/o Sudam Dhengale 3.

Shriram s/o Sudam Dhengale 4.

Sushen @ Sushil s/o Shahurao Devadkar 5.

Sudam s/o Dattatraya Dhengale

...Respondents

.....

Mr. N. L. Jadhav, Advocate for applicant Mr. M. B. Bharaswadkar, A.P.P. for respondent/State .....

CORAM : N.W. SAMBRE, J.

DATE : 21st JANUARY, 2016 ORAL ORDER :

Non-applicant Nos. 2 to 5 were granted regular bail by an order dated 01/12/2015 by the Additional Sessions Judge, Beed in Criminal Application No. 660/2015 of which cancellation is sought by the applicants.

2.

Mr. N. L. Jadhav, learned Counsel for the applicant while trying to make out the case for cancellation of bail would urge that in

6820.15crapln -2view of provisions of section 149 of Cr. P. C. made applicable to the fact of the present case, the common intention of the non-applicants is read at large in commission of crime. He would then submit that, there is thread to the life of the applicant from the non-applicants and as such, according to him, custodial interrogation of the nonapplicants is necessary. 3.

Perused the allegations against the non-applicant Nos 2 to 5.

4.

There are no direct allegations against the nonapplicants for causing murder in the matter. 5.

Non-applicants are released on regular bail upon their custodial interrogation. In that view of the matter, further detention of the non-applicants is not necessary. Learned Sessions Judge was right in granting regular bail to the non-applicants. As such, application fails, same stands rejected.

[ N.W. SAMBRE, J. ] Tupe/21.01.2016