Mantri @ Shashikant Ramhari Dhenge And Another v. State Of Maharashtra, Through P.S.O. Ner, Yavatmal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

Criminal Application (ABA) No. 448 of 2015 Manytri and anr v. The State of Maharashtra _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr A. D. Tote, Adv for applicants Mr A. K. bangadkar, adv for respondent CORAM : V. M. DESHPANDE, J DATED : 22nd September 2015 1.

Heard Mr A. D. Tote, learned counsel for the applicants and Mr A. K. Bangadkar, learned APP for respondent-State.

2.

By the present application, the applicants who are apprehending their arrest in connection with Crime No. 78/2015 registered with Police Station, Ner, District Yavatmal for the offences punishable under Sections 307, 147, 148, 149 of the Indian Penal Code, are before this Court with prayer for grant of pre-arrest bail.

3.

The First Information Report is dated 24.4.2015. It is lodged by one Santosh Shankarrao Lawre who is one of the injured persons. From the FIR, it is clear that the dispute arose on account of cracking fire in the recently held Gram Panchayat elections. The injuries are received by Prakash Lawre

and first-informant Manoj. The medical certificate of these two injured persons shows that they have received injury by means of hard and blunt object. From the FIR and from the statement of injured, it is clear that the sword blow was given to them by coaccused Ramhari and Santosh. In so far as the present applicants are concerned, the allegations are that they have given fist blows to the injured persons. Looking to such nature of allegations made against the present applicants and in the light of injury certificate, it is crystal clear that the injuries suffered by the injured cannot be attributed to fists blows. In this view of the matter, custodial interrogation of the present applicants is not at all necessary. Hence, the following order :

ORDER

(a) Application is allowed.

(b) In the event of their arrest, applicants Mantri @ Shashikant Ramhari Dhenge and Sadu @ Ravindra Ramhari Dhenge in connection with Crime No. 78/2015 registered with Police Station, Ner, District Yavatmal for the offences punishable under Sections 307, 147, 148, 149 of the Indian Penal Code be released on bail on they executing PR Bond of Rs. 20,000/- each with one solvent surety in the like amount.

(c) Applicants shall attend Police Station once in a month till the charge is framed by the learned trial Court.

(d) Application is allowed in terms of above order and is disposed of accordingly.

JUDGE joshi