Ramu @ Sonu Hiraman Wanwe v. State Of Maharashtra, Thr. Pso Ps Wathoda, Nagpur
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.1264/ 2020 (Ramu @ Sonu Hiraman Wanwe vs. State of Maharashtra: Th.PSO PS Wathoda , Nagpur ) .................................................................................................. ....................
Office Notes, Office Memoranda of Coram, appearances, Court'
s orders Court' s or Judge'
s order of directions and Registrar'
s orders .......................................................................................................................................... Mr.Amol Ghunge Adv.h/for Mr O.K.Masurke, Advocate for the applicant Ms. Nivedita Mehta, APP for respondent-State ORAM : MRS.SWAPNA JOSHI, J.
ATED : 14th January, 2021 The applicant has filed the present Application u/s 439 of the Cr.P.C. seeking bail for offence punishable under sections 307. 34 of the Indian Penal Code r/ws. 142 of the Maharashtra Prohibition Act, registered at Police Station Wathoda, Nagpur in respect of Crime No.211/2020.
I have heard learned counsel for the respective parties. Perused the case papers.
The prosecution case is that, on 19.6.2020 at about 7.00 pm, the complainant was proceeding towards the Garib Nawaz Nagar with his goods-carrier vehicle. Drainage work was going on and there was water-logging. Two unknown persons proceeded ahead on two wheeler. Instead of giving side to his vehicle of the complainant, they assaulted him by means of a weapon like gupti and as a result, the complainant sustained injuries.
The learned Advocate for the applicant contended that nothing has been recovered from the applicant; so also the injuries sustained by the complainant are of simple nature.
The learned APP opposed the said application. She however did not dispute that nothing has been recovered at the instance of the present applicant.
Considering the manner in which the incident had taken place, in my opinion, the applicant can be released on bail by imposing certain conditions. Hence the order:- ORDER.
The applicant -Ramu @Sonu Hiraman Wanve, be released on bail for offence punishable under sections 307, 34 of the Indian Penal Code r/ws. 142 of the Maharashtra Prohibition Act, registered at Police Station Wathoda, Nagpur in respect of Crime No.211/2020, on his executing a PR bond in the sum of Rs. 20,000/- (rupees Twenty thousand) with one solvent surety the like amount, on the following conditions :- (i) The applicant shall attend the concerned Police Station, on every 1st and 3rd Saturday of the month, between 11.00 and 2.00 pm, till culmination of the trial.
(ii) The applicant shall provide his residential address and cellphone number to the concerned Investigating Officer and he shall not change the same without prior intimation to the Investigating Officer.
(iii) The applicant shall not tamper with the prosecution witnesses in any manner.
(iv) The applicant shall keep himself away from the limits of area where the complainant and other witnesses are residing. (v) Two consecutive absence without reasonable cause will entail the prosecution to move for cancellation of bail. (vi) Any observations made in this order are only for granting
bail to the applicant and it shall not come in the way of the trial Court during trial.
Criminal Application stands disposed of.
JUDGE sahare