Allowed

Bandu S/O. Nanaji Urkude v. State of Maharashtra Thr. P.S.O. Police Station Mukutban, Tq. Zari Dist. Yavatmal and Another

Bombay HC21 Apr 2017ABA/197/2017

Case brief

AI extract

What is this about?

Single judge of Bombay High Court Nagpur Bench granted pre-arrest bail to the applicant in a criminal application. The court held that injuries were mutual and granting interim bail on previous conditions, directing attendance at police station until charge-sheet filing.

What did the court decide?

Pre-arrest bail granted with conditions of attendance at Police Station on Sundays; interim bail confirmed.

Bandu S/O. Nanaji Urkude Vs State of Maharashtra Thr. P.S.O… — Bail and Remand | Bombay HC (2017)

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1 aba197.17

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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NAGPUR BENCH : NAGPUR

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Criminal Application (ABA) No. 197 of 2017

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Bandu v. State of Maharashtra

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Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders

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Court's or Judge's orders

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Shri M. I. Dhatrak, Adv for applicant Shri V. P. Maldhure, APP for respondents

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Coram : S. B. Shukre, J

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Dated : April 21, 2017

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Heard learned counsel for the applicant and learned Additional Public Prosecutor for the respondents. Reply filed by the learned APP is taken on record.

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According to learned counsel for the applicant, the complaint filed by this applicant against the complainant being Crime no. 19/2017 is prior in point of time and in respect of same incident in which the complainant in the present crime had first quarreled with the applicant and others and injured them by assaulting them.

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Learned Additional Public Prosecutor submits that even the complainant in the present crime has sustained injuries and, therefore, he opposes the application.

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On going through the First Information Report filed by this applicant on the basis of which crime no. 19/17 has been registered against the complainant in the present crime, I find that the allegations are of such nature as would indicate that not only the complainant in the present crime, but this applicant and others had exchanged some blows with each other, thereby causing injuries to each other. The complainant in the present crime, it appears, suffered lesser injury than the applicant in the quarrel. In these

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2 aba197.17

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circumstances, it would be difficult to make any prima facie finding about who was the aggressor and who was not. In any case, custodial interrogation of the applicant does not seem to be necessary as nothing is required to be seized from him. I am, therefore, inclined to grant pre-arrest bail to the applicant.

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Interim bail granted to the applicant vide order dated 30.3.2017 is hereby confirmed on the same conditions. In addition, applicant shall attend Police Station between 10.00 am and 12.00 noon on every Sunday till charge-sheet is filed.

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Application is disposed of.

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JUDGE

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joshi

Bandu S/O. Nanaji Urkude v. State of Maharashtra Thr. P.S.O. Police Station Mukutban, Tq. Zari Dist. Yavatmal and Another

Case brief

What is this about?

What did the court decide?

Bandu S/O. Nanaji Urkude v. State of Maharashtra Thr. P.S.O. Police Station Mukutban, Tq. Zari Dist. Yavatmal and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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