Partly allowed

Shivdas Bhaskar More and Ors. v. the State of Maharashtra

Bombay HC29 Aug 2011APPLN/3385/2011

Case brief

AI extract

What is this about?

A criminal bail application was filed by several applicants. Some withdrew their applications, leading to their dismissal. For the remaining two applicants, who were not named in the First Information Report (FIR), the court granted bail in connection with offences under the Indian Penal Code.

What did the court decide?

Bail granted to two applicants on furnishing a police bond of Rs. 15,000 each with sureties on conditions to cooperate in investigation and not tamper with evidence.

Shivdas Bhaskar More and Ors. Vs the State of Maharashtra — Domestic Violence | Bombay HC (2011)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD

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CRIMINAL APPLICA TION NO. 3385 OF 2011

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Shivdas s/o Bhaskar More and ors.

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...Applicants

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VERSUS

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The State of Maharashtra

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...Respondent

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Shri N.L.Choudhari, advocate for applicant nos. 1 to 6 Shri D.R.Korde, A.P.P. for respondent

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CORAM : SHRIHARI P.DAVARE, J.

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DATED : 29th August, 2011

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PER COURT :

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1 Perused the investigation papers which were made available for perusal purpose and heard respective learned counsel for the parties finally.

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2 Shri Choudhari, learned counsel for the applicants, on instructions, seeks leave to withdraw present application in respect of applicant no. 1 Shivdas Bhaskar More, applicant no.2 Kevalbai Bhaskar More, applicant no.4 Pintu Bhaskar More and applicant no.5 Vijay Bhaskar More.

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3 In view of the said submission, leave granted and present application stands dismissed as withdrawn to the extent of said applicant nos. 1, 2, 4 and 5 and stands disposed of finally.

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4 As regards, applicant no.3 Bhaskar Bhikari More and applicant no.6 Nitin Bhaskar More, they have preferred the present applicant seeking regular bail in connection with C.R. No. 212 of 2011, registered at Dhule Taluka police station, District Dhule, for the offences punishable under Sections 307, 498-A, 323, 504, 506 r/w 34 of the Indian Penal Code, since they have been arrested thereunder and are in custody presently.

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5 It appears that the offence has been registered on the basis of the complaint lodged by Alka Shivdas More on 14.6.2011, alleging that the applicants herein subjected her to cruelty, due to non-fulfilment of unlawful demand of Rs.30,000/- to be brought by her from her parental house and also alleging that she was assaulted and threatened and co-accused caught hold of her and her husband administered her poisonous substance and attempted to kill her.

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6 Apparently, on perusal of the contents of the first information report, dated 14.6.2011, the names of present applicant

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no.3 Bhaskar Bhikari More and applicant no.6 Nitin Bhaskar More have not been surfaced therein, and apparently no specific roles have been attributed to them in the occurrence of the incident, and therefore, they are entitled to be released on bail.

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7 In the resent, present application is partly allowed in respect of applicant no. 3 Bhaskar Bhikari More and applicant no.6 Nitin Bhaskar More and it is directed that they be released on bail on furnishing P.R. bond in the sum of Rs.15,000/- by each of them with one surety in the like amount by each of them on the following conditions.

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(i) The applicant nos. 3 and 6 shall give attendance before the concerned investigator on every Tuesday and Friday between 5.00 p.m. to 7.00 p.m., till filing of the charge sheet and shall cooperate in the investigation.

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(ii) The applicant nos. 3 and 6 shall not influence upon the witnesses and/or tamper with the evidence, in any manner, directly or indirectly.

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8 Present application in respect of applicant nos. 1, 2, 4 and 5 stands dismissed as withdrawn as afore stated.

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9 The above observations are prima facie in nature and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits.

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10 The present application stands disposed of finally.

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(SHRIHARI P. DAVARE), JUDGE.

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dbm/crap3385.11

Shivdas Bhaskar More and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Shivdas Bhaskar More and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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Coram

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