Sanjay S/O Rambhau Patil v. The State Of Maharashtra And ANR
Cri.Appln.6924/2015 +IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.6924 OF 2015 Sanjay s/o Rambhau Patil, Age 45 years, Occu. Agri., R/o at Post Shani Mandal, Taluka and Dist. Nandurbar .. Applicant
Versus
1.
The State of Maharashtra, 2.
The Police Inspector, Taluka Police Station, Dhule Taluka and District Dhule ..Respondents Mr V.B. Anjanwatikar, Advocate for applicant Mr K.D. Mundhe, A.P.P. for respondents CORAM : N.W. SAMBRE, J.
DATE : 22nd January 2016 PER COURT Heard.
2.
The applicant is seeking pre-arrest bail in Crime No.137/2015 registered at Taluka Police Station, Dhule, District Dhule, for the offences punishable under Sections 395, 354, 143, 147, 148, 149, 323, 504 and 506 of the Indian Penal Code.
3.
The learned Counsel for the applicant submits that there is no role attributed to the applicant and as such, he be released on prearrest bail. 4.
Learned A.P.P. opposed the application on the ground that applicant's custodial interrogation is necessary, as record depicts his
Cri.Appln.6924/2015 involvement in the crime in question. He has invited attention of this Court to the grievous injury suffered by the complainant. 5.
Perused the investigation papers. It appears that both the parties, i.e. the applicant and complainant attacked members of each others group.
6.
The role attributed to the applicant is, use of hockey stick in commission of the crime in question.
7.
In my opinion, in view of above background and nature of allegation made in the F.I.R. and other investigation papers, custodial interrogation of the applicant is not necessary. As such, applicant is entitled to be released on pre-arrest bail.
8.
In the event of arrest in Crime No.137/2015 registered at Taluka Police Station, Dhule, District Dhule, for the offences punishable under Sections 395, 354, 143, 147, 148, 149, 323, 504 and 506 of the Indian Penal Code, the applicant be released on interim bail, upon furnishing P.R. Bond of Rs.15,000/- (Rs.Fifteen thousand) with one surety in the like amount.
9.
The applicant shall attend the concerned Police Station on 28th, 29th and 30th January 2016 between 10.00 a.m. and 12.00 p.m. and thereafter as and when called.
( N.W. SAMBRE, J.) vvr