Gulab Husain Naurangabade And Others v. The State Of Maharashtra Through Police Station Officer, P.S. Digras

1 aba117.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (ABA) NO.117 OF 2016 (Gulab Husain Naurangabade and others ..vs.. The State of Maharashtra, through PSO PS Digras, District Yavatmal) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 : 02-04-2016 Heard Shri R.J. Shinde, Advocate for the applicants and Shri S.S. Doifode, Additional Public Prosecutor for the non-applicant/State.

2.

The learned Advocate for the applicants, on instructions, seeks permission to withdraw the application on behalf of the applicant Nos.1 and 2. The application on behalf of the applicant Nos.1 and 2 is disposed as withdrawn.

3.

The applicant Nos.3 and 4 are apprehending arrest in crime registered against them alongwith others for offences punishable under Sections 307, 323, 324, 147, 148 and 149 of the Indian Penal Code. As per the facts on record, the quarrel had taken place because of property dispute and the members of the rival groups are relatives.

2 aba117.16 Considering the fact that the applicant Nos.3 and 4 are students and taking into account the nature of accusations against the applicant Nos.3 and 4, they were protected by the interim order dated 26-02-2016. The non-applicant has not made any complaint that the applicant Nos.3 and 4 have misused the liberty and that they have avoided to co-operate with the investigation. 5.

In view of the facts on the record, I am of the view that the interim order granted on 26-02-2016 is required to be confirmed.

6.

Hence, the following order :

i) In the event of arrest in Crime No.86/2016 registered by the non-applicant, the applicant Nos.3 and 4 be released on bail, on furnishing P.R. Bond for Rs.10,000/- each and one solvent surety in the like amount for each of the applicants.

ii) The application is allowed in the above terms. Criminal Application (APPP) No.364/2016 In view of disposal of the main application, the application for seeking permission to assist the

3 aba117.16 prosecution has become infrucutous. It is disposed accordingly.

JUDGE pma