Bombay High CourtBA/196/2016allowed

Khannu Hasan Garve And Another v. State Of Maharashtra, Through Pso, Karanja, Washim

2016-03-29Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba196.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 196 OF 2016 (KHANNU HASAN GARVE & ANR...VS..STATE OF MAH. THR. PSO PS KARANJA, DISTT. WASHIM) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 : MARCH 29, 2016.

Heard Shri S.A.Mohta, advocate for the applicants and Shri S.B.Bissa, A.P.P. for the non-applicant. The applicants are arrested on 4th February, 2016 in the crime registered against them for the offences punishable under Sections 307, 341 and 34 of the Indian Penal Code. The incident occurred because of some misunderstanding between the members of two groups and in the quarrel which took place the victim is injured. The accusations against the applicants are that they assaulted the victim by chopper and stick and gave blows by kicks and fists. Shri S.A.Mohta, learned advocate for the applicants has pointed out from the first information report that as per the informant, co-accused Irfan was holding the chopper and not any of the applicants.

Considering the facts on record and as the nonapplicant has not been able to show that the custody of the applicant is required for further investigation, in my view, the applicants are entitled to be released on bail, however, with certain conditions.

2 ba196.16 Hence, the following order :

i) The applicants, having been arrested in Crime No. 27 of 2016, registered by the non-applicant, they be released on bail on furnishing P.R. bond for Rs.Twenty Thousand each and one solvent surety in the like amount for each of the applicant.

ii) The applicants shall attend Police Station, Karanja, District : Washim on every Saturday between 11.00 a.m. and 1.00 p.m. till charge-sheet is filed. iii) After the charge-sheet is filed, the applicants shall attend every date of the sessions trial before the Sessions Court, unless granted exemption by the Sessions Court.

The application is allowed in the above terms. JUDGE RRaut..