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2006 DIGILAW 343 (BOM)

SURENDRA v. STATE OF MAHARASHTRA

2006-03-10

B.R.GAVAI

body2006
( 1 ) THIS is an application for grant of bail. The applicant has been arrested in connection with the Crime No. 266/2005 for the offence punishable under section 307 read with section 34 of the Indian Penal Code. ( 2 ) HEARD the learned Counsel for the parties. ( 3 ) IT is the prosecution case that on 4th September, 2005, at around 11. 30 p. m. , the present applicant assaulted one Bhimrao Shende and two other persons. It is alleged that in the said incident, Bhimrao received serious injuries. ( 4 ) SHRI A. S. Sonare, the learned APP vehemently opposed the application. He submits that immediately after the incident, the First Information Report was lodged. He submits that the eye-witnesses have stated the name of the applicant. He, therefore, submits that the applicant is not entitled to be released on bail. ( 5 ) THE incident is alleged to have taken place at around 11:30 p. m. in the dark and in the medico legal papers, the said Bhimrao has not named anyone. The statements of other three injured persons have been recorded after five days though they were immediately discharged from the hospital. The investigation is complete and the charge-sheet has been filed. I am, therefore, inclined to allow the application. (1) The application is directed to be released on bail in the event of his arrest in connection with Crime No. 266 of 2005 registered by the Police station, Kalmeshwar on furnishing his bail bond of Rs. 15,000/- (rupees fifteen thousand only) with one surety of the like amount. (2) The applicant shall not enter Kalmeshwar Tahsil during the ependency of the trial. (3) The applicant shall co-operate with the investigation. The applicant shall not in any way make an attempt to influence the witness or tamper with the evidence. ( 6 ) THE observations made herein are purely prima facie in nature and the learned Sessions Judge would not be influenced in any manner by the observations made hereinabove. Application allowed.