Madhavrao S/O Manikrao Sonwane v. The State Of Maharashtra

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.6831 OF 2015 Madhavrao s/o Manikrao Sonwane ..APPLICANT

VERSUS

The State of Maharashtra ..RESPONDENT Mr N.B. Khandare, Advocate for applicant;

Mr K.D. Munde, Addl. Public Prosecutor for respondent CORAM : N.W. SAMBRE, J.

DATE : 11th January, 2016 ORDER :

By the present application, the applicant is seeking his release on pre-arrest bail, in connection with C.R. No.202 of 2015, registered with Begumpura police station, Aurangabad, for offences punishable under sections 306, 506 read with section 34 of the Indian Penal Code. 2.

Perused the contents of the first information report. The prosecution case is that the applicant herein has pressurized the victim to depose against one Raju Lekhraj Tanwani and the victim was given threats on mobile as well as personally.

3.

When confronted, the learned Addl. Public Prosecutor submits that there is nothing on record to demonstrate that the victim, at any point of time, has lodged such complaint against the applicant. Apart therefrom, it is required to be taken note of the fact that in relation to the property in

(2) question, already there exists a dispute and in execution proceedings, the applicant was placed in possession of the same, after issuance of appropriate directions to the Tahsildar.

4.

Apart from above, the knowledge of the applicant as regards threats for commission of offence punishable under section 306 of the Indian Penal Code cannot be made out from the contents of the first information report.

5.

In that view of the matter, in my opinion, it will be appropriate to order release of the applicant on pre-arrest bail. I, therefore, pass following order :- In the event of arrest of the applicant, in connection with C.R. No.202 of 2015, registered with Begumpura police station, Aurangabad, for offences punishable under sections 306, 506 read with section 34 of the Indian Penal Code, he be released on furnishing P.R. Bond of Rs.25,000/- with one surety in the like amount.

The applicant shall attend the concerned police station initially between 18th and 20th January, 2016, between 10.00 a.m. and 12.00 noon and thereafter as and when called for by the Investigating Officer. The applicant shall keep away himself from the jurisdiction of the police station till filing of the charge-sheet.

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