Bombay High Court
Maruti S/O. Ramling Chobe (Applicant ... vs The State Of Maharashtra on 7 June, 2019
Author: V.K. Jadhav
Bench: V.K. Jadhav
1 BA 644.2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 644 OF 2019
1. MARUTI S/O. RAMLING CHOBE
2. RANJIT S/O SHANKAR DHAGE
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicants : Mr More P. P.
APP for Respondent : Mr S P Sonpavale
...
CORAM : V.K. JADHAV, J.
Dated: June 07, 2019
...
PER COURT :-
1. Leave to correct the name of the applicant
no.1 in the memo of the application. Corrections be
carried out forthwith.
2. The applicants are seeking regular bail in
connection with Crime No.82 of 2019 registered with
Bhoom Police Station, District Osmanabad for the
offences punishable under sections 143, 147, 148, 149,
307, 327, 324, 336, 323, 504, 506 of IPC read with
section 135 of Mumbai Police Act, 1951. Their
application with similar prayer bearing Criminal Bail
Application No.92/2019 came to be rejected by the
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2 BA 644.2019.odt
learned Additional Sessions Judge, Bhoom by order
dated 28.5.2019.
3. Learned counsel for the applicants submits
that the applicants are in jail since 17.5.2019. It has
been alleged in the complaint that, co-accused Vitthal
Bawale, Prithviraj and present applicant no.1 Maruti
Ramling Chobe were armed with a weapon axe, inflicted
the blows of axe on the head of the informant. It has
been further alleged in the complaint that the applicant
no.2 Ranjit Dhage alongwith co-accused Mahadeo and
other accused persons extended beating to the
informant with the help of stick and in consequence
thereof informant sustained injuries on his waist, right
leg, etc. Learned counsel submits that there is no
further evidence to substantiate those allegations made
in the complaint. Learned counsel submits that the
applicants have been falsely implicated in the crime due
to previous enmity on account of dispute of agricultural
land. The informant is the cousin nephew of applicant
no.2 Ranjit. Learned counsel submits that marriage of
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the daughter of the applicant no.2 is scheduled on
8.6.2019. Both the applicants are born and brought up
in village Chinchpur Dhage, Tq. Bhoom. They have a
fixed place of residence. They are not likely to be
absconded. They are easily available for trial. Both the
applicants are ready to abide the conditions if imposed
by this Court.
4. Learned APP has strongly resisted the
application on the ground that the informant is an
Advocate by profession and when he had started
returning to his village from the court he was brutally
assaulted by the accused and co-accused persons.
Even the applicant Maruti has snatched golden locket
from his neck. Investigation is still in progress. The
applicants may not be released on bail.
5. On going through the allegations made in the
complaint and on perusal of the investigation papers,
particularly, the medical papers, I find that the
informant has only sustained one sutured wound
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caused by blunt and hard object and said injury is
simple in nature. The same is pertinent when the
informant, who is an advocate by profession has made
the allegations that he was beaten by three accused
persons with the help of axe on his head and they had
inflicted three blows of axe on his head. Even though,
there are allegations against the applicant no.2 Ranjit
and co-accused that they had extended beating to him
with the help of stick on various parts of his body, on
perusal of the medical certificate as referred above,
except one injury, the informant has not sustained any
injury on his person. There is no criminal history. The
applicants are easily available for trial. Thus,
considering the entire aspect of the case, I am inclined
to grant bail to the applicants, with certain conditions.
Hence, following order.
ORDER
1. The application is hereby allowed.
2. The applicant no.1] Maruti s/o Ramling Chobe and 2] Ranjit s/o Shankar Dhage in connection with Crime No.82 of 2019 aaa/-
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a] The applicants shall not tamper with the prosecution evidence, in any manner.
b] The applicants shall attend the concerned police station once in a week i.e. on every Sunday between 8.00 am to 11.00 am till filing of the charge sheet.
3. Application is accordingly disposed off.
4. Parties to act on an authenticated copy of this order.
( V.K. JADHAV, J. ) ...
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