The court allowed a bail application filed by applicant Machindra Bhanudas Katkar. Observing that the applicant was not directly implicated in the shooting incident and had aided in shifting the injured, the court granted bail subject to a surety of Rs. 15,000/-.
Released on bail upon furnishing P.R. and S.B. surety of Rs. 15,000/-.
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923 appln.6320.13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. APPELLATE SIDE JURISDICTION
CRIMINAL APPLICATION NO. 6320 OF 2013
MACHINDRA BHANUDAS KATKAR
VERSUS
THE STATE OF MAHARASHTRA
Advocate for Applicant : Shinde Ravindra S. APP for Respondent / State : Mr.A.S.Shinde.
CORAM : T.V. NALAWADE, J. DATE : 18th December, 2013.
ORDER:
. This application is filed for bail. Both the sides are heard. This Court has perused the papers of investigation.
2 The crime is registered on the basis of report given by one Police Constable. The incident took place on 17th September, 2013. When he was present in a bear bar and he was taking lunch, Sanjay Bhadgale and Vikas Mhaske came there. Sanjay Bhadgale picked up quarrel with the Complainant by saying that he had heard that the Complainant was saying that Police are going to take action against Bhadgale. The Complainant replied that Sanjay Bhadgale was history sheeter and so preventive action must be taken against him. Then Sanjay started giving abuses to the Complainant and then he took out a pistol and said that he would finish the Complainant. He fired bullet from the pistol at the Constable and the bullet hit the left shoulder of the Complainant. Then Vikas Mhaske, who was
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923 appln.6320.13
holding the weapon like Kukri, but he than ran away. The learned counsel for the Applicant submits that the Sessions Court has granted bail to Sanjay, Vikas Mhaske. He submits that he has heard, but he has no concrete information that the person, who filed a bullet got bail. The learned APP has not instructions in that regard.
3 The learned APP submits that as per the record of CDR collected by the Police, the present Applicant was in touch with the gang leader on mobile phone and the gang leader had given instructions to the aforesaid two persons to take action. The record shows that the present Applicant was seen in the bar with others and the present Applicant had helped the person like Tajas, a contractor for shifting the injured to the Government Hospital. The report does not show that the Applicant has bad antecedents.
4 In view of these circumstances, this Court holds that it is not desirable to keep the Applicant behind bars till the disposal of the case, which may be filed against him.
5 In the result, the application is allowed. The Applicant is to be released on bail on his furnishing P.R. and S.B. of Rs.15,000/-. He is not to tamper with prosecution witnesses. He is not to commit similar offence.
ndm
1 issue framed by the court
Whether bail should be granted to the applicant in the present circumstances.
MACHINDRA BHANUDAS KATKAR
THE STATE OF MAHARASHTRA
T.V. NALAWADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
