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Bombay High CourtABA/835/2019allowed

Aadesh Devanand Khade And 5 Others v. State Of Mah., Thr. P.S.O. Ps Khadan Dist Akola

2020-01-03Hon'Ble Shri Justice V.M. Deshpande2 pages

aba835.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 835 OF 2019 Aadesh Devanand Khade and others .Vs. State of Maharashtra, Through PSO, P.S. Khadan, Tah. and Dist. Akola.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mr. R.M. Tahaliyani, Advocate for applicants. Mr. S.M. Ghodeswar, A.P.P. for non applicant- State. CORAM : V. M. DESHPANDE, J.

DATED : JANUARY 03, 2020 Heard Mr. Tahaliyani, learned counsel for the applicants and Mr. Ghodeswar, learned Additional Public Prosecutor for non applicant-State.

2.

Applicants are apprehending their arrest in connection with Crime No.553/2019 registered with Police Station, Khadan, Tahsil and District Akola for an offence punishable under Sections 143, 147, 148, 149, 323, 294, 324, 327, 452, 427 and 354 of the Indian Penal Code. 3.

For the incident dated 13.10.2019, two First Information Reports (FIR) were lodged. First in time, was lodged by Sau. Kalpana Chaware i.e. from the side of the applicants against the prosecution witnesses in FIR No.553/2019. Both FIRs are placed on record. They show that there is scuffle in between two families. Most of the prosecution witnesses in Crime No.553/2019 in which the

aba835.19.odt present applicants are claiming anticipatory bail, are already released on anticipatory bail.

Looking to the nature of allegations in the FIR and the fact that applicants have already attended the police station as directed by this Court on 06.12.2019 and joined the investigation, I pass the following order:

ORDER

(i) The application is allowed.

(ii) In the event of arrest in connection with Crime No.553/2019 registered with Police Station, Khadan, Tahsil and District Akola for an offence punishable under Sections 143, 147, 148, 149, 323, 294, 324, 327, 452, 427 and 354 of the Indian Penal Code, applicant No.1-Aadesh Devanand Khade, applicant No.2- Manish Shantaram Arakharao, applicant No.3-Naresh Prakash Telgote, applicant No.4-Ajay Shriram Varothe, applicant No.5-Bandu Ramdas Varothe, and applicant No.6- Mangesh Sanjay Arakhrao, be released on bail on they executing P.R. bond in the sum of 10,000/- ₹ each, with one solvent surety each in the like amount. (iii) Applicants are directed to attend Police Station, Khadan, District Akola twice in a week i.e. on Tuesday and Friday and shall be with the Investigating Officer from 11:00 a.m. to 05:00 p.m., till filing of the charge-sheet. The application is disposed of.

JUDGE srwagh