Bombay High CourtAPPP/1408/2015others disposed off

Pappu @ Sushant Prakash Yadav And Others v. State Of Maharashtra, Through P.S. Kampthi, Nagpur

2016-02-23Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba655.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 655 OF 2015 (PAPPU @ SUSHANT PRAKASH YADAV & 2 OTH...VS..STATE OF MAH., THR. PSO, PS KAMPTEE, DIST. NAGPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : FEBRUARY 23, 2016.

None appears for the applicants.

Heard Shri H.R.Dhumale, learned A.P.P. for the non-applicant.

The applicants are seeking pre-arrest bail apprehending arrest in Crime No. 104/2015, registered against them by the non-applicant for the offences punishable under Sections 147, 148, 149, 307, 353, 332 r/w. 34 of the Indian Penal Code, Section 4/25 of the Arms Act read with Section 3 of the Prevention of Damage to the Public Property Act, 1984 and Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The allegations against the applicants are that they were members of the unlawful assembly of about 100120 persons belonging to Yadav caste which gathered at Bouddha Vihar, armed with sticks, knives, swords, iron rods and glass bottles and they intended to kill the complainant and other persons of Bouddha community.

The learned A.P.P. has pointed out that Crime No. 106 of 2015 is separately registered against the applicants

2 aba655.15 along with other persons for the same incident and the applicants are granted pre-arrest bail by this Court by the order passed in Criminal Application (ABA) No. 656 of 2015 on 14th December, 2015.

Considering the above facts, the nature of incident and the nature of the allegations, in my view, the applicants are entitled for pre-arrest bail.

Hence, the following order :

In the event of arrest in Crime No. 104 of 2015, registered by the non-applicant, the applicants shall be released on bail on furnishing P.R. Bond in the sum of Rs.Five Thousand each and one solvent surety in the like amount for each of the applicant.

The application is allowed in the above terms. CRI.APPLN. (APPP) NO. 1408/2015.

In view of disposal of the main application, the application praying for dispensing with certified copy of the order and F.I.R. does not survive, hence it is disposed of. JUDGE RRaut..