Bombay High CourtABA/343/2017allowed

Ramdas S/O Januji Dabhade And Another v. State Of Maharashtra, Thr. P.S.O. P.S. Sarmaspura, Amravati

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

1 aba343.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (ABA) NO. 343 OF 2017 (RAMDAS S/O JANUJI DABHADE AND ANOTHER...VS.. STATE OF MAH. THR. P.S.O. PS SARMASPURA, TAH-ACHALPUR, DISTT.AMRAVATI) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri. M. V. Bute, Advocate for Applicants.

Shri. T. A. Mirza, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : 22 nd JUNE , 2017.

Heard.

The applicants (father and son), apprehending arrest in crime registered against them for the offences punishable under Sections 307, 323, 324, 506 read with Section 34 of the Indian Penal Code, have sought pre-arrest bail. The crime is registered on the complaint of Sunanda (wife of brother of applicant No.1). According to the Investigating Agency, the applicants alongwith co-accused assaulted Dinesh (son of complainant) with iron pipe, applicant No.1 pulled the complainant holding her hair and abused her. The incident occurred because of some dispute regarding stocking of sand in the premises.

The facts on record show that the wife of applicant No.1 has also lodged complaint against the family members of complainant.

Applicant No.2 claims to be a labourer. The

2 aba343.17 applicants have stated that they are not involved in any other crime/offence. The non-applicant has not been able to point out that the custody of the applicants is required for further investigation.

Considering the nature of incident and the facts of the case, the following order is passed :

In the event of arrest in Crime No.98 of 2017 registered by the non-applicant, the applicants be released on bail on executing P. R. Bond of Rs.10,000/- each. The application is allowed accordingly.

JUDGE PBP