Vicky S/O. Ramdas Larokar v. The State Of Maharashtra Thr. P.S.O., P.S. Hinganghat

1 906ba955.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.955/2018 Vicky Ramdas Larokar V/s The State of Maharashtra thr. PSO, P.S. Hinganghat, Dist. Wardha. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.R. Dube, counsel h/f Shri D.M. Surjuse, counsel for the applicant. Shri C.A. Lokhande, APP for the non-applicant/State. CORAM : M.G. GIRATKAR, J DATE : 18.12.2018.

Heard Shri S.R. Dube, learned counsel for the applicant.

As per the report Pawan @ Punam Bawane gave blow of Iron Rod and thereafter the applicant taken iron rod from his hand and again gave blow on his head. Learned counsel has pointed out that there is only one injury as per the medical certificate. If the four persons have beaten then there must have been more injuries. One of the accused namely Suraj Bawane is released on bail by the Sessions Judge.

Shri C.A. Lokhande, learned APP has strongly objected the application. He has pointed out the report. He has submitted that four other eye-witnesses also stated the same things. The applicant had active part in the crime therefore application is liable to be rejected. One of the accused is released on bail by Sessions Court. If the report is taken as it is then medical report contradicts the contents of report if more than one person

2 906ba955.18 beating the deceased by weapon as like iron road there must have been more injuries. The medical certificate shows only one injury. Therefore, it is clear that the injury sustained by deceased caused by blow given by one of the accused Punam Bawane and not by the present applicant. Hence, the following order:- The applicant be released on bail on executing P.R. bond of Rs. 25,000/- with one solvent surety in the like amount.

The applicant shall not tamper with the evidence of prosecution witnesses.

The applicant shall attend the trial Court on each and every date.

The applicant shall not leave the jurisdiction of trial Court without prior permission.

JUDGE rkn