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Bombay High CourtABA/97/2016allowed

Mr. Ranjit S/O Santulal Gajbhiye And Others v. State Of Maharashtra, Through P.S.O. P.S. Warthi, Bhandara

2016-03-01Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba97.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICTION (ABA) NO.97 OF 2016 (Mr. Ranjit s/o Santulal Gajbhiye and others ..vs.. State of Maharashtra, through PSO, PS Warthi, District Buldhana) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATED : 01-03-2016 Heard Shri S.V. Sirpurkar, Advocate for the applicant and Shri M.J. Khan, Additional Public Prosecutor for the non-applicant.

2.

It is submitted that this Court had not granted ad-interim protection to the applicant No.3, and he was arrested during the pendency of the present application and is released on bail. In the above facts, the application on behalf of the applicant No.3 is rendered infructuous.

3.

The applicant Nos.1 and 2 are seeking pre-arrest bail apprehending arrest in crime registered against them for the offences punishable under Sections 342 and 392 read with Section 34 of the Indian Penal Code. The accusations against the applicants are that they are involved in some altercations with the complainant and that the applicant No.3 (co-accused) had taken away amount of Rs.13,000/- and Gold Chain from the

2 aba97.16 complainant.

4.

As recorded above, the applicant No.3 is already released on bail. Considering the nature of allegations and the facts on the record, in my view, the applicant Nos.1 and 2 are entitled for pre-arrest bail. 5.

Hence, the following order :

i) In the event of arrest in Crime No.18/2015 registered by the non-applicant, the applicant Nos.1 and 2 shall be released on bail, on furnishing P.R. Bond in the sum of Rs.10,000/- each and one solvent surety in the like amount for each of the applicant.

ii) The application is allowed in the above terms. JUDGE pma