Himmat S/O. Tulsiram Athwale And Othr. v. State Of Maharashtra Thr. P.S.O., Chandur Bazar,

aba116.19.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.116 OF 2019 (Himmat s/o Tulsiram Athwale and others Vs. State of Maharashtra thr. PSO PS Chandur Bazar, Tq. Chandur Bazar, Dist. Amravati) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri D.S. Khushalani, Advocate for Applicants. Shri V.P. Gangane, APP for Non-Applicant/State. CORAM: M.G. GIRATKAR, J.

DATE: 25 th FEBRUARY, 2019.

Heard Advocate Shri Khushalani for the applicant.

Perused the FIR and say of I.O. filed before the Sessions Court. One of the eye witness has stated the name of applicant No.1 as an assailant. While granting bail under section 438 of Cr.P.C. one of the criteria is to be taken into consideration by the Court i.e. seriousness of offence. Offence punishable under section 302 read with section 34 of IPC is registered against the present applicant. Offence is very much serious. As per the say of I.O. the applicants have taken active part in the commission of crime. Therefore, they are not entitled for any protection. Hence, the following order.

Application is rejected.

JUDGE NSN