Allowed

Sandip Devrao Shinde and Anr. v. the State of Mah

Bombay HC18 Jun 2012APPLN/2214/2012

Case brief

AI extract

What is this about?

The Bombay High Court granted anticipatory bail to Sandip Shinde upon furnishing bail bond of Rs. 15,000, exempting him from police custody. The application regarding Devrao Shinde, who caused grievous injury, was permitted to be withdrawn.

What did the court decide?

Anticipatory bail granted anticipating arrest; released on bail on furnishing PR & SB of Rs. 15,000; not to tamper with witnesses or commit similar offence; application of Devrao allowed to be withdra

Sandip Devrao Shinde and Anr. Vs the State of Mah — Murder and Culpable Homicide | Bombay HC (2012)

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Cri. Appln. No. 2214/12

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

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CRIMINAL APPLICATION NO.2214/2012

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1] Sandip S/o Devrao Shinde Age 24 years, Occ-Agril.

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2] Devrao S/o Nilkanth Shinde Age 45 years, Occ-Agril

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Both R/o Javla Bk., Tq.Sengaon Dist.Hingoli. .. APPLICANTS

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Versus

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1] The State of Maharashtra Through Police Station, Narsi Namdeo Hingoli, Dist.Hingoli. .. RESPONDENTS

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Mr.Sachin S.Deshmukh, Advocate for applicants. Mr.N.H.Borade, A.P.P. for State.

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CORAM : T.V.NALAWADE,J. DATE : 18th JUNE 2012.

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ORAL ORDER :

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The application is filed for anticipatory bail in C.R. No.11/2012 registered in Narshi Namdeo Police Station, District Hingoli for offences punishable under section 323, 147, 148, 149 etc. of Indian Penal Code. The papers of investigation were made available. Both the sides are heard.

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Cri. Appln. No. 2214/12

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The crime is registered on the basis of report given by one Gajanan Trimbak Shinde. On 17.4.2012 damage was caused to the motorcycle of one Digambar Shinde and due to that quarrel started on 21.4.2012 at about 8.00 p.m. near the house of complainant. After starting of the quarrel, applicants went there and they took the side of Digambar Shinde. During quarrel, applicant Devrao gave blow of iron bar on left knee of the complainant Sandip and gave beating by using fist blows and kicks. Two other persons also assaulted Gajanan. The injury certificate shows that the injury sustained to knee is described as grievous injury and it was allegedly caused by Devrao. Other 2-3 simple injuries were also sustained. Copy of application given by Digamber in respect of the same incident is produced and it showed that he made allegations against Gajanan Shinde that Gajanan assaulted him in the incident.

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In view of the aforesaid circumstances and the record, this Court holds that police should not need custody of Sandip Shinde for the purpose of investigation. Subject to some conditions, anticipatory bail can be granted to Sandip. However, Devrao caused grievous injury by using iron bar and

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Cri. Appln. No. 2214/12

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so anticipatory bail cannot be granted to him. However, the advocate requested for permission to withdraw the application in respect of Devrao and so the order.

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O R D E R

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1] The application of applicant no.1 Sandip Devrao Shinde is allowed. In case of his arrest in Crime No.11/12 registered in police station Narsi Namdeo Hingoli, Dist.Hingoli, for offence punishable u/s 323, 324, 149 etc. of IPC, he be released on bail on his furnishing PR & SB of Rs.15,000/- (Rupees fifteen thousand). He is to attend the concerned police station on coming Sunday between 4 p.m. and 9 p.m. He is not to tamper with prosecution witnesses. He is not to commit similar offence. 2] Application in respect of applicant no.2 Devrao Nilkanth Shinde is allowed to be withdrawn.

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[T.V.NALAWADE,J.]

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ssc/

Sandip Devrao Shinde and Anr. v. the State of Mah

Case brief

What is this about?

What did the court decide?

Sandip Devrao Shinde and Anr. v. the State of Mah

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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Coram

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