Amar Sakharam Rawade And ORS v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3049 OF 2024
1. Amar Sakharam Rawade
2. Umesh Dnyanoba Rawade
3. Dnyaneshwar Waman Rawade ...
Applicants V/s.
The State of Maharashtra ...
Respondent WITH INTERIM APPLICATION NO. 3031 OF 2024 VARSHA DEEPAK GAIKWAD IN CRIMINAL BAIL APPLICATION NO.3049 OF 2024 VARSHA DEEPAK GAIKWAD Date: 2024.10.08 18:31:38 +0530 Vishal Gokul Rawade ...
Applicant V/s.
The State of Maharashtra and Ors.
...
Respondents ------------------- Mr. Ganesh Gole I.by Mr. Ateet Shirodkar, for the applicant. Mr. Sandeep Parikh with Prabhakar Jadhav and Suchita Chavan, for the Intervenor/Complainant.
Ms. Savita Yadav, APP, for the Respondent / State.
CORAM
:
ANIL S. KILOR, J.
DATE :
4TH OCTOBER, 2024.
PC:
1.
Heard.
2.
By this application under Section 439 of the Code of Criminal Procedure the applicants are seeking bail in Crime No.674 of
2023, registered with Saswad Police Station, Pune, for the offences punishable under Sections 302, 307, 326, 324, 323, 427, 143, 147, 148, 149, 504, 506 of the Indian Penal Code (for short, 'IPC'), Section 4/25 of the Arms Act, Section 7 of the Criminal Law Amendment Act and Section 135 of the Maharashtra Police Act. 3.
If the allegations made in the FIR are considered which say that all the 17 accused at the same time assaulted the deceased, there are no corresponding injuries found on the body of the deceased. There was one stab injury and two contusions were noticed. 4.
In the circumstances, I am of the opinion that considering the period of incarceration of the applicants and the nature of allegations made against the applicants, the applicants are entitled for grant of bail.
5.
Accordingly, I pass the following order:
ORDER
i) Criminal application is allowed;
ii) It is directed that the applicants shall be released on bail in Crime No.674 of 2023, registered with Saswad Police Station, Pune, for the offences punishable under Sections 302, 307, 326, 324, 323, 427, 143, 147, 148, 149, 504, 506 of the Indian Penal Code (for short, 'IPC'), Section 4/25 of the Arms Act, Section 7 of the Criminal Law Amendment Act and Section 135 of the Maharashtra Police
Act, on furnishing P.R.Bond of Rupees Twenty-Five Thousand with one solvent surety in the like amount; iii) The applicants shall not enter into the territorial jurisdiction of Pune Police Station, till the conclusion of the trial;
iv) The applicants shall provide their address and name of the nearby police station to the IO, which they shall attend the said Police Station on 1st and 16th day of every month between 10.00a.m. to 11.00 a.m., till the conclusion of the trial except on the date of trial;
v) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence;
vi) Liberty is granted to the State to apply for cancellation of bail in case of any breach of condition or misuse of liberty.
vii) The applicants shall attend the trial before the trial Court regularly on every date unless exemption is granted by the trial Court.
6.
The application is disposed of .
(ANIL S. KILOR, J)