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Bombay High CourtABA/325/2017allowed

Hema Bhupendra Thakur And Others v. The State Of Maharashtra Thr. Police Inspector Police Station Ramnagar, Dist. Chandrapur

2017-06-22Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba325.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (ABA) NO. 325 OF 2017 (HEMA BHUPENDARA THAKUR AND OTHERS...VS.. STATE OF MAH. THR. P.S.O. PS RAMNAGAR, DISTT.CHANDRAPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri. R. M. Tahaliyani/Shri. Jasprit Singh Chilotra, Advocate for Applicants.

Shri. N. R. Patil, A.P.P. for Non-applicant.

Shri. Apurv De, Advocate for the Complainant. CORAM : Z.A.HAQ, J.

DATED : 22 nd JUNE , 2017.

CRIMINAL APPLICATION (APPP) NO.922 OF 2017.

Heard.

Considering the facts of the case, the applicant Pravin Singh Ramprakash Singh Thakur is permitted to assist the prosecution.

The application is allowed accordingly.

CRIMINAL APPLICATION (ABA) NO.325 OF 2017.

Heard.

The applicants, apprehending arrest in crime registered against them for the offences punishable under Sections 143, 147, 148, 452, 324, 506 of the Indian Penal Code, have sought pre-arrest bail. Applicant No.1 is wife of applicant No.2 and applicant Nos.3, 4 and 5 are sons of applicant Nos.1 and 2. The crime is registered against the

2 aba325.17 applicants on the complaint of Pravinsingh (nephew of applicant No.2) that raising a dispute regarding ancestral property, the applicants opposed the construction/alteration which was being undertaken by the complainant in the ancestral property and as the complainant refused to bow to the dictates of the applicants, all the applicants assaulted the complainant because of which the complainant suffered grievous injuries.

It is on record that applicant No.2 Bhupendra Thakur also suffered injuries and was referred to hospital and according to the applicants, the injuries are because of assault by the complainant regarding which First Information Report is lodged.

Considering the facts of the case, nature of accusations and accepting the submission made on behalf of the applicants that they are not involved in any other crime/offence and as the non-applicant has not been able to show that the custody of the applicants is required for further investigation, the following order is passed : In the event of arrest in Crime No.752 of 2017 registered by the non-applicant, the applicants be released on bail on executing P. R. Bond of Rs.20,000/- each. The application is allowed in the above terms. JUDGE PBP