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cria1635.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 1635 OF 2017

Sunil @ Sonu Tipper s/o. Murlidhar Magar..

Applicant

Age. 21 years, Occ. Labour,

R/o. Ganesh Nagar, Garkheda, Aurangabad.

Versus

The State of Maharashtra

..

Respondent

Mr.Abhaysinh K. Bhosale, Advocate for the applicant.

Mr.A.A. Jagatkar, A.P.P. for respondent/State.

CORAM : T.V. NALAWADE,J.

DATED :

07.04.2017

P.C. :-

1.

This application is filed for bail. Both the

sides are heard. Papers of investigation are made

available for perusal of this Court, by the learned

A.P.P.

2.

Charge-sheet is filed against present applicant

and others for offence punishable under sections 302, 307

etc. of the Indian Penal Code and under some provisions

of the Maharashtra Police Act & the SC & ST (Prevention

of Atrocities) Act.

3.

Crime is registered on the basis of report given

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by one Vishwajit Salve, cousin brother of Ashish Salve.

The incident took place on 23.10.2016 at about 17.45

hours. When the complainant learnt that some persons were

assaulting Ashish, he rushed to the spot. According to

him, he noticed that four persons, namely, Yogesh Chavan,

Hemraj Chavan, Sonu @ Tippa – present applicant and

Maruti were assaulting the deceased. The deceased had

sustained bleeding injury. Blood was coming out from his

nostrils and head. He was shifted to hospital. He

succumbed to the injury on the same day. The post mortem

report shows that there was one surface wound i.e.

abrasion over lateral aspect of left wrist 3 cm x 1 cm.

There was therapeutic injection marks over right lateral

aspect of neck. The death took place due to head injury.

4.

There are statements of eye witnesses which are

to the effect that accused Maruti gave blows on the head

of deceased by using cricket bat, accused Hemraj Chavan

gave blow using iron road. There are allegations that

other persons i.e. present applicant and Yogesh Chavan

had assaulted by kick and fist blows. The record shows

that Nitin Jadhav had stated that Yogesh instigated

others to finish deceased and vital blows were given by

Maruti and Hemraj.

5.

The learned Counsel for the applicant submitted

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that this Court granted bail to Yogesh Bansi Chavan in

Criminal Application No.811 of 2017. The material on

record shows that Yogesh is eldest brother amongst three

brothers and Maruti is brother of Yogesh. There is

allegation that Yogesh instigated brothers to finish

Ashish. There is one more order of bail in respect of

Jalinder in Criminal Application No.1305 of 2017 showing

that this Court granted bail to Jalinder. The learned

Counsel for the applicant, on the ground of parity,

submitted that present applicant is entitled to get bail.

He submitted that the applicant has been behind the bar

since 24^th October, 2016. The statement was made that

this is the first application made in this Court. In

this view of the matter, bail needs to be granted to the

applicant.

i.

In the result, the application is allowed.

ii.

The applicant be released on bail on his

furnishing PB & SB of Rs. 15,000/- (Rupees Fifteen

Thousand), in connection with Crime No. 1105 of 2016,

registered at Mukundwadi Police Station, Aurangabad, for

the offences punishable under section 302, 307, 323, 504,

143, 147, 148, 149 of the Indian Penal Code, under

section 135 of the Bombay Police Act and under section

3(1)(V) of SC & ST (Prevention of Atrocities) Act.

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iii.

The applicant is not to tamper with the

prosecution witnesses.

iv.

The applicant is not to commit similar offence.

[T.V. NALAWADE,J.]

/2017/

17/

snk

APR

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