Allowed

Suraj @ Bablu Rajabhau Salunke v. the State of Maharashtra

Bombay HC26 Feb 2013APPLN/697/2013

Case brief

AI extract

What is this about?

High Court at Aurangabad entertained a bail application in an assault case. The court observed that offences were not exclusively punishable by life imprisonment but noted prosecution apprehension. Bail was granted with strict conditions restricting the applicant from the district and requiring reporting to police.

What did the court decide?

Applicant released on bail upon furnishing a P.R. Bond of Rs. 1,00,000/- with one or more sureties.

Suraj @ Bablu Rajabhau Salunke Vs the State of Maharashtra — Bail and Remand | Bombay HC (2013)

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1 Cri.Appln.697/2013

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

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CRIMINAL APPLICATION NO.697 OF 2013

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Suraj @ Bablu s/o Rajabhau Salunke, Age 25 years, Occu.Agriculture, R/o Vijay Chowk, Junni Galli, Osmanabad, Dist.Osmanabad ..Applicant

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Versus

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The State of Maharashtra through Police Inspector City Police Station, Osmanabad, District Osmanabad

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..Respondent

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Mr A.S.Doke, Advocate holding for Mr M.V.Salunke, Advocate for applicant Mrs V.A.Shinde, A.P.P. for respondent

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CORAM : P.D. KODE, J.

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DATE : 26th February 2013

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PER COURT :

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The pursis filed by the learned Counsel for the applicant taken on record and marked "X" for the purpose of identification.

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The prayer for bail made by the applicant/accused in connection with Crime No.3/2013 registered with City Police Station, Osmanabad for offences under Section 307, 326, 427, 452 of Indian Penal Code is strongly objected by the prosecution on the ground of involvement of applicant being revealed from the material collected during the investigation, there being likelihood of the applicant indulging in similar types of acts qua the prosecution witnesses in the instant case.

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2 Cri.Appln.697/2013

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The said crime is registered upon first information report lodged by uncle of the applicant regarding an incident which had occurred on 5th January 2013 in which the applicant, on the count of his uncle having obstructed pipeline, has assaulted his uncle by means of a sword and aunt by fists.

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The prayer for bail is pressed on the ground that injury certificate tendered along with the reply of the prosecution reveals that the injuries caused to uncle are simple in nature and the same is the case regarding the aunt of the applicant. It is submitted that both the injured are out of danger.

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Having regard to the said statement which is not refuted on behalf of the prosecution and the offences alleged being not exclusively punishable for life, the prayer in the application deserves consideration. However, in view of the prosecution say, in paragraph 6 depicting that the applicant is also involved in other cases, it appears proper to impose certain conditions to take care of the apprehension expressed by learned A.P.P. and for serving the ends of justice.

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The applicant is directed to be released on bail upon furnishing a P.R. Bond in the sum of Rs.1,00,000/- (Rs. One lakh) with one or more sureties to make the like amount and subject to the condition that -

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(i) the applicant, after his release will not enter the District of Osmanabad, save except attending the dates fixed in the case and

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3 Cri.Appln.697/2013

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even for the said dates, his stay in the said district shall not extend for more than necessary time for being to the Court and being in the Court;

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(ii) the applicant shall inform his place of abode to the Investigating Officer and shall attend the local Police Station for the area in which he would be residing, on every Monday in between 11.00 am to 1.00 pm, until further orders;

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(iii) shall not indulge in any attempt of coming in contact with the prosecution witnesses or an activity of tampering the prosecution evidence;

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(iv) shall not misuse the aforesaid order for committing any other offence or for fleeing away.

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The applicant stands disposed of.

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vvr/697.13criappln

Suraj @ Bablu Rajabhau Salunke v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Suraj @ Bablu Rajabhau Salunke v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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