Ganesh Bhimrao Mane And ORS v. The State Of Maharashtra
1/5 nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1964 OF 2015 1.
Ganesh Bhimrao Mane 2.
Arjun Anna Mane 3.
Ashok Krishna Nalawade 4.
Sachin Sanjay Kashid 5.
Vijay Tukaram Shingade 6.
Sandip Tanaji Shingade 7.
Anil Anandrao Shingade 8.
Madhukar Vitthal Pawar 9.
Sunil Tukaram Shingade 10.
Sachin Balasaheb Pawar 11.
Vishwas Laxman Shingade 12.
Bajirao Laxman Shingade 13.
Baba@Santosh Anna Nalawade ...Applicants
Versus
State of Maharashtra
...Respondent
Mr.Girish R. Agrawal, for the Applicants Mr.S.S.Pednekar, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.
DATE : 29th OCTOBER, 2015 P.C. :
1.
Heard learned Counsel for the applicants and the learned A.P.P. 2.
By this application, the applicants seek their enlargement on 1/5
2/5 bail in connection with C.R. No. 168 of 2015, registered with the Karad Taluka Police Station, Karad, for the alleged offences punishable under 307, 323, 427, 143, 147, 148, 149 of the Indian Penal Code and under Section 37(1)(3) r/w 135 of the Bombay Police Act. 3.
The incident in question has taken place on 4th August, 2015 at about 6.15 p.m. opposite the Gram Panchayat Office at Shenoli Village. It appears in the said election, 5 candidates of the complainant's party and 8 candidates of the rival parties were elected and that one Narayan Shingade and Malan Suryavanshi were elected unopposed. In connection with the aforesaid incident, both the parties have lodged cross complaints against each other. The applicants' side has lodged a C.R., being C.R. No. 167 of 2015, registered with the Karad Taluka Police Station, Karad, for the alleged offences punishable under 307, 326, 324, 323, 341, 143, 147, 148, 149 of the Indian Penal Code and under Section 37(1)(3) r/w 135 of the Bombay Police Act. In both the incident, 6 to 7 persons have received grievous injuries as well as simple injuries. The present applicants are alleged to have caused simple injuries to the injured. 2/5
3/5 4.
Learned Counsel for the Applicants states that with respect to the same incident the applicants' side has also lodged a complaint which was registered vide C.R. No. 167 of 2015, registered with the Karad Taluka Police Station, Karad, for the alleged offences punishable under 307, 326, 324, 323, 341, 143, 147, 148, 149 of the Indian Penal Code and under Section 37(1)(3) r/w 135 of the Bombay Police Act. He submitted that in the present C.R. i.e. C.R.No.168 of 2015, there are 17 persons who are arraigned as accused. He submitted that from the applicants' side also 6 to 7 persons have received grievous as well as simple injuries. He submits that the applicants have been in custody since their arrest and that investigation is almost complete.
5.
Learned APP states that with respect to the same incident there are cross cases filed by both the sides. He submitted that both sides have received injuries both grievous and simple. He submitted that applicant no.7 has caused grievous injury on Dayanand Bajirao Patil on his head and all the other applicants have caused simple injuries. 3/5
4/5 6.
Perused the papers and the injury certificate. It appears that the applicant no.7 has caused grievous injury on Dayanand Patil on his head and that he was in the hospital for 2 - 3 days. It also appears that there are cross cases lodged by both parties and that there are injured persons on both the sides. The applicants have been in custody since the date of their arrest.
7.
Considering the material on record, the applicants are enlarged on bail on the following terms and conditions :
ORDER
(i) The applicants be enlarged on bail, on executing PR Bond in the sum of Rs. 15,000/- each with one or two sureties in the like amount;
(ii) The applicants shall attend the concerned Police Station on the first Saturday of every month between 10:00 a.m. to 12:00 noon, till filing of the charge-sheet ;
(iii) The applicants shall not tamper or attempt to influence or 4/5
5/5 contact the complainant, witnesses or any person concerned with the case.
(iv) The applicants to cooperate in the conduct of the trial; 8.
The Application is allowed in the aforesaid terms and is accordingly disposed of.
9.
It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order. 10.
All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.
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