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Bombay High CourtABA/261/2019allowed

Gauravkumar S/O Devidas Jamnik v. State Of Mah.Thr P.So. P.S Karanja (Gramin) Karanja, Washim

2019-06-27Hon'Ble Shri Justice Manish Pitale2 pages

ABA261-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Criminal Application (ABA) No.261 of 2019 (Gauravkumar Devidas Jamnik and another .vs. State of Maharashtra through PSO PS Karanja (Gramin), Dist. Washim. ) --------------------------------------------------------------------------------------------------------- ---- OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. S.D. Chande, Advocate for Applicants Mr. N.R. Rode, APP for Non-applicant/State.

CORAM : Manish Pitale, J.

DATED : June 27, 2019.

The applicants herein have approached this Court apprehending arrest in connection with FIR dated 10.02.2019 registered against them and two other persons for offences under Section 323, 324, 504 and 506 read with 34 of the IPC.

2.

The allegation against the applicants is that they along with the co-accused persons assaulted the complainant while he had gone out to graze his goats and that they snatched Rs.50,000/- from him. The Sessions Court in the present case granted bail to the other two co-accused on the ground that while no specific use of weapons was attributed to them, as against the applicants herein , they were alleged to have used a rod and stick to assault the victim, who had indeed suffered injuries.

3.

While issuing notice on 02.05.2019, this Court found it fit to grant ad-interim protection to the

ABA261-19.odt applicants in the following manner:- "(i) Ad-interim anticipatory bail is granted.

(ii) In the event of arrest of applicants in Crime No.22 of 2019 registered by Police Station, Karanja (Gramin), Dist.

Washim, applicants be released on bail on their executing a P.R. Bond in the sum of Rs.25,000/- each (Rupees Twenty Five Thousand only) with one solvent surety each of like amount on condition that the applicants shall attend the Police Station, Karanja (Gramin), Dist. Washim, once in a week i.e. on every Sunday in between 10.00 a.m. to 5.00 p.m. and shall cooperate the Investigating Agency."

4.

It is contended on behalf of the applicants that they have been by abiding the directions given by this Court for attending the Police Station and that they have cooperated with the investigation. It is stated by the learned APP that the weapons said to have been used in the said incident have been already recovered. 5.

In view of the above, the present application deserves to be allowed. Accordingly, the applicants are granted anticipatory bail in terms of the ad-interim anticipatory bail granted to them by this Court by order dated 02.05.2019. It is directed that the applicant shall continue to cooperate with the investigating agency and that they shall attend the Police Station as directed, till filing of the charge-sheet.

JUDGE halwai