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Bombay High CourtBA/1066/2020allowed

Raju Runjaji Gawali And Another v. State Of Maharashtra Thr. Pso Ps Dahihanda, Tq. Akot, Dist. Akola

2020-12-08Hon'Ble Smt. Justice Pushpa V. Ganediwala3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 1066 OF 2020 (Raju Runjaji Gawali & Anr. vs. State of Maharashtra thr. PSO, PS Dahihanda, Tq. & District - Akola) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri V.B. Bhise, Advocate for the applicants. Shri S.A. Ashirgade, APP for the non-applicant - State.

.....

CORAM : PUSHPA V. GANEDIWALA, J.

DECEMBER 08, 2020.

Heard Shri Bhise, learned counsel for the applicants and Shri Ashirgade, learned APP for the non-applicant.

2.

The applicants are seeking bail in Crime No. 256 of 2020 for the offence punishable under Sections 144, 147, 148, 149, 324, 427, 325, 326 and 307 read with Section 34 of the Indian Penal Code, registered by Dahihanda Police Station, Tq. - Akot, District - Akola.

3.

There are counter cases against the applicants and the complainants out of the single incident. In the present crime, 9 accused have been

involved. The incident is the outcome of the old rivalary between the two families. The weapons used are steel pipes, wooden sticks and axe.

4.

It is stated that the informant and his coaccused are being prosecuted for the offence punishable under Section 307 of the Indian Penal Code. The injured, who received injuries at the hands of the present applicants, have been discharged from the hospital. The prosecution could not point out any specific role attributed to the present applicants. Admittedly, there are no criminal antecedents against the present applicants.

5.

Considering the aforesaid facts, the case for bail is made out. Hence, Criminal application is allowed on the following conditions :

(i) The applicants - Raju Runjaji Gawali and Laxman @ Vaydhan Runjaji Gawali, shall be released on bail on executing Personal Bond of Rs.20,000/- (Rs. Twenty thousand only) each with one surety each in the like amount.

(ii) The applicants shall not indulge again in such offences.

(iii) The applicants shall not issue threats or tamper with the prosecution witnesses.

(iv) The applicants shall attend Police Station once in a month on every first Thursday of the month.

6.

Needless to mention that the observations made in this order are strictly for deciding the present application of the applicants for bail and the trial Court shall not get influenced by the same and the trial Court shall be free to decide the matter on its own merits.

JUDGE *GS.