Bombay High CourtBA/591/2017allowed

Aharnish @ Chotu S/O. Kishor Tirpude (In Jail) v. State Of Maharashtra Thr. P.So. Old Kamptee Nagpur

2017-07-04Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (BA) NO. 591 OF 2017 (AHARNISH@CHOTU KISHOR TIRPUDE..VS..STATE OF MAH. THR.P.S.O.OLD KAMPTEE, NAGPUR) WITH CRI. APPLICATION (BA) NO. 592 OF 2017 (VISHAL DUSHWAS KHOBRAGADE..VS..STATE OF MAH. THR.P.S.O. OLD KAMPTEE, NAGPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri H.G.Katekar, Advocate for Applicant.

Shri Neeraj Patil, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : JULY 04, 2017.

Heard.

The applicants are arrested on 29th May, 2017 in connection with crime registered by the non-applicant against the applicants and co-accused Ashwin for the offences punishable under Sections 307, 324, 452 read with Section 34 of the Indian Penal Code on the complaint lodged by Tarachand Borkar that both the accused entered his house, co-accused Ashvin assaulted son of the complainant by a knife, Aharnish (applicant in Cri.Appln.No. 591/2017) assaulted the complainant by iron rod and Vishal (applicant in Cri.Appln.No.592/2017) has given fist blows. The applicants, aged about 22 and 21 years, claim to be working as painter and labourer respectively, and have stated that they are not involved in any other crime/ offence. The facts on record show that the incident occurred because of some dispute over trivial issue of dancing on earsplitting sound of DJ. The applicants are in jail for almost about five weeks. The non-applicant has not been able to point out that

2 ba591.17+1 further custody of the applicants is required for investigation. In the facts of the case, following order is passed: The applicants having been arrested in connection with Crime No.41/2017, registered by the non-applicant, they be released on bail on executing P.R.Bond for Rs.Ten Thousand each and furnishing one solvent surety in the like amount for each of the applicant.

The application is allowed in the above terms. CRI.APPLN.(APPP) NOS.1061/2017 & 1063/2017.

In view of disposal of the bail application, the applications praying for time to file certified copy of order etc. do not survive, hence, both the applications are disposed of. JUDGE RRaut..