Bhimrao Shyamrao Bobade v. State Of Maharashtra Thr. Police Station Officer Police Station Malegaon Dist. Washim

ABA519-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Criminal Application (ABA) No.519 of 2018 (Bhimrao Shyamrao Bobade .vs. State of Maharashtra through PSO PS Malegaon, Dist. Washim ) ------------------------------------------------------------------------------------------------- OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. R.S. Kurekar, Advocate for Applicant.

Mr. V.A. Thakre, APP for Non-applicant.

CORAM : NITIN W. SAMBRE, J.

DATED : AUGUST 20, 2018.

The applicant is seeking pre-arrest bail in Crime No. 152 of 2018 registered with the non-applicant for offences punishable under Sections 326, 324, 504, 506 read with 34 of the Indian Penal Code.

Having heard the respective counsel appearing for the parties, what is noticed from the record is the role attributed to the present applicant is that of use of stick in the commission of crime in question.

One of the co-accused Devidas was holding axe. The injury certificate speaks of the case of grievous injury as by hard and sharp object.

Apart from above, there appears to be previous enmity between the complainant and the accused persons based on dispute in relation to the agricultural property. As such false implication cannot be ruled out. In view thereof, the application deserves to be allowed.

(i) In the event of the arrest of the applicant in

ABA519-18.odt Crime No. 152 of 2018 registered with the non-applicant for offences punishable under Sections 326, 324, 504, 506 read with 34 of the Indian Penal Code, the applicant be released on furnishing personal bond of Rs.15,000/- with one or two solvent sureties in the like amount. (ii) The applicant shall attend the investigating ofÏcer on 28th, 29th and 30th of August, 2018 and thereafter as and when directed by the investigating ofÏcer.

(iii) The applicant shall not tamper with the prosecution evidence nor shall attempt to influence the prosecution witnesses in any manner.

(iv) The applicant shall not indulge in similar type of offence in future, else the prosecution will be at liberty to move for cancellation of the bail.

JUDGE halwai