(1) 24.ba.75.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR

CRIMINAL APPLICATION (BA) NO.75 OF 2022

Raju s/o Gangaram Kare and others

Vs.

State of Maharashtra, Through its Police Station Officer, Janefal Police Station,

Dist. Buldhana

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Office Notes, Office Memoranda of Coram,

Court's or Judge's orders

appearances, Court's orders of directions

and Registrar's orders

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Mr. S. G. Joshi, Advocate for applicants.

Mr. S. M. Ghodeswar, APP for non-applicant/State.

CORAM :

AVINASH G. GHAROTE, J.

DATE : 15/02/2022

The applicants is arrayed for the offence

punishable under Sections 307, 324, 143, 147, 148, 149,

452 of the Indian Penal Code. Mr. Joshi, learned counsel

for the applicants submits, that the applicants have been

falsely implicated and the FIR itself, attributes the assault

to one Pravin Shivnarayan Kare, considering which, the

applicants are entitled for bail.

2.

Mr. Ghodeswar, learned APP for non-

applicant/State opposes the application and submits that

specific role is attributed to the applicant no.2 - Pradip

s/o Gangaram Kare and the applicant no.5 - Vilas s/o

Atmaram Ghate of assaults by stick by the eyewitnesses

namely, Usha Bhaurao Wakode, Bhaubao Devrao

Wakode, Ajay Pandhari Napte and Sanjay Ramdas Kare.

Faced with this position, Mr. Joshi, learned counsel for

the applicants, on instructions, does not press the

(2) 24.ba.75.2022

application, insofar as the applicant no.2 - Pradeep s/o

Gangaram Kare and applicant no.5 - Vilas Atmaram

Ghate are concerned and seeks to withdraw the same.

The statement is accepted.

3.

The application is dismissed as withdrawn,

as against the applicant nos.2 and 5.

4.

In so far as the applicant nos.1, 3 and 4 are

concerned, learned APP fairly submits, that in so far as

these applicants are concerned, there are no specific

allegations against them of assault, though they were

present on spot, except for provocation, considering

which, in view of the aforesaid statement, the application

is accepted for applicant no.1 Raju s/o Gangaram Kare,

applicant no.3 Ramkrushna s/o Pralhad Kare and

applicant no.4 Purushottam s/o Dattu Ambhore, as the

role attributed to them is only of provocation and being

present on the spot. Hence, the following order.

O RDER

(i)

The applicant no.1 - Raju s/o Gangaram Kare,

applicant no.3 - Ramkrushna s/o Pralhad Kare and

applicant no.4 - Purushottam s/o Dattu Ambhore, be

released on bail for the offence punishable under

Sections 307, 324, 143, 147, 148, 149, 452 of the Indian

Penal Code on their executing their P.R. Bond in the sum

of Rs.50,000/- (Rupees Fifty Thousand Only) and two

solvent sureties of like amount, each.

(3) 24.ba.75.2022

(ii)

They shall not tamper with the evidence or try to

influence the prosecution witnesses in any manner

whatsoever.

(iii)

They shall attend the concerned Police Station

twice in every week i.e. on Monday and Thursday

between 10.00 a.m. to 2.00 p.m. and shall co-operate

with the investigation, till the filing of the charge-sheet.

(iv)

They shall maintain a separate diary for recording

appearance and shall not make any default, in which

case, the bail shall cancelled.

The criminal application stands disposed of

accordingly.

JUDGE

Sarkate

Digitally signed byANANT R

SARKATE

Signing Date:15.02.2022

19:55