This oral order grants anticipatory bail to applicants apprehending arrest for offences under sections 147, 148, 149, 324, 323, 504, and 395 of the IPC. The Single Judge converted existing ad-interim protection into absolute bail.
The ad-interim protection granted on 31.08.2012 was made absolute on the same terms and conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(1) Cri. Appln. 3898-2012
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 3898 OF 2012
1. Bhausaheb S/o Babasaheb Jarange
2. Sarjerao S/o Tukaram @ Rambhau Jarange
Both R/o. Matori, Tq. Shirur (K),
Dist. Beed Applicants
Versus
The State of Maharashtra Respondent
Mr. Sachin S. Deshmukh, Advocate for the Applicants.
Mr. P.N. Mule, A.P.P. for the Respondent-State.
CORAM : M.T. JOSHI, J. DATED : 18TH SEPTEMBER, 2012
ORAL ORDER:
1. Heard both sides.
2.Apprehending arrest at the hands of Chaklamba
Police Station, Tq. Georai, Dist. Beed in crime no. 56 of
2012 for the offence punishable under section 147, 148,
149, 324, 323, 504 and 395 of the Indian Penal Code, the
applicants are praying for their release on anticipatory
bail.
3.Ad-interim protection was granted to the
applicants, vide order dated 31.8.2012.
4. The complainant, alleged to be injured in the
incident, has alleged in his complaint that atleast 10
(2) Cri. Appln. 3898-2012
persons including the present applicants had assaulted him with sticks, stones etc., in which he suffered numerous injuries all over his person. In the incident, the present applicants also took away an amount of 22,500/- and one instrument. On the basis of this complaint, the FIR came to be filed.`
5.The medico-legal certificate shows that the
complainant has minor contusions, probably by hard and
blunt object. The injuries were simple and the
complainant was discharged within 48 hours.
6.Learned counsel for the applicants drew my
attention to Exhibit-B, which would show that there are
atleast 15 criminal cases pending against the complainant
for the offences punishable under section 353, 341, 379,
394, 307 etc. of the I.P.C.
He submits that though the complainant may be having
numerous cases against him but that would not be a license
for the applicants to assault him, which has been prima
facie proved by the injury certificate. Further, the
allegations in the FIR would prima facie show that the
present applicants have committed dacoity.
(3) Cri. Appln. 3898-2012
8. Considering the overall facts and particularly,
in the light of the medico-legal certificate, the
statements made in the FIR will have to taken with a pinch
of salt. In the circumstances, in my view, ad-interim
protection granted to the applicants vide order dated
31.08.2012 needs to be made absolute, the same is
therefore made absolute on the same terms and conditions.
Application disposed of accordingly.
Sd/-
arp/
2 issues framed by the court
Whether the ad-interim protection granted to the applicants should be made absolute.
Whether the evidence in the medico-legal certificate and FIR demonstrates prima facie dacoity compelling refusal of bail.
1 provisions across 1 enactments
Bhausaheb S/o Babasaheb Jarange
Sarjerao S/o Tukaram Jarange
The State of Maharashtra
M.T. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court