Allowed

Ramprasad S/O Kashiba Harbale and Others v. the State of Maharashtra

Bombay HC6 Feb 2017APPLN/29/2017

Case brief

AI extract

What is this about?

High Court at Aurangabad, under N. W. Sambre, J, allowed Criminal Application No. 29 of 2017, granting pre-arrest bail to four applicants. The court found inconsistency in prosecution statements and delay in FIR, concluding a case for bail was made out under CrPC S. 438 regarding IPC offences.

What did the court decide?

Applicants released on bail via P.R. Bond of Rs.15,000/- with one or two sureties for the like amount in connection with C.R. No. 64 of 2016.

Ramprasad S/O Kashiba Harbale and Others Vs the… — Murder and Culpable Homicide | Bombay HC (2017)

¶1

criap29.17

¶2

(1)

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶4

CRIMINAL APPLICATION NO. 29 OF 2017

¶5

1.	Ramprasad s/o Kashiba Harbale, Age: 30 years, Occu: Agriculture, R/o Dhamangaon, Tq. Basmath, Dist. Hingoli
2.	Chandu s/o Suresh Kharate, Age: 19 years, Occu: Agriculture, R/o Dhamangaon, Tq. Basmath, Dist. Hingoli
3.	Raju s/o Zelba Bele, Age: 28 years, Occu: Agriculture, R/o Dhamangaon, Tq. Basmath, Dist. Hingoli
4.	Chandrakant s/o Appasaheb Chapke, Age: 55 years, Occu: Agriculture, R/o Katneshwar, Tq. Parbhani, Dist. Parbhani ..APPLICANTS
	VERSUS
The Thro Kuru Dist.	State of Maharashtra, ugh Police Station, nda, Tq. Basmath, Hingoli ..RESPONDENT
Mr G	. K. Naik-Thigale, Advocate for applicants;
Mr R	. V. Dasalkar, Addl. Public Prosecutor for respondent

¶6

CORAM : N. W. SAMBRE, J.

¶7

DATE : 6th February, 2017

ORAL ORDER

Heard.

criap29.17

(2)

By this application under Section 438 of the Code of Criminal Procedure, the applicants seek their enlargement on bail, in connection with C.R. No.64 of 2016, for offences punishable under Sections 307, 325, 452, 323, 504, 506 read with Section 34 of the Indian Penal Code.

¶13

It is the case of the prosecution that on 3^rd September, 2016, injured Navnath alleged that the applicants, co-accused, along with other four persons assaulted him and his cousin Ganesh with deadly weapons. However, the first information report does not depict names of the present applicants as having taken active participation in the crime in question. It is subsequent statement of Navnath recorded on 6^th and 7^th September, 2016, followed with that of Ganesh attributes involvement of the applicants in the crime in question.

¶14

So far as the subsequent statements of complainant Navnath and victim Ganesh are concerned, those are recorded after a lapse of about three to four days of the date of offence, for which there is no explanation whatsoever.

¶15

Apart from above, even if statements of complainant Navnath and Ganesh are taken to be true against the applicants, the role attributed to them appears to be general in nature. The afterthought inclusion of the names of the present applicants in the crime in question, after a delay of about four days of the occurrence of incident, cannot be ruled out.

¶16

criap29.17

¶17

(3)

¶18

In the wake of above background, in my opinion, a case for grant of pre-arrest bail is made out. Hence, following order:-

¶19

In the event of arrest of the applicants, in connection with C.R. No.64 of 2016, for offences punishable under Sections 307, 325, 452, 323, 504, 506 read with Section 34 of the Indian Penal Code, they be released on bail, on each of them furnishing P.R. Bond of Rs.15,000/- with one or two sureties for the like amount.

¶20

The applicants shall attend the Investigating Officer from 10^th to 12^th February, 2017, between 10.00 a.m. and 12.00 noon and thereafter as and when directed.

¶21

The applicants shall not take any steps to influence the prosecution witnesses or tamper with evidence.

¶22

Investigating Officer is personally present. His presence is discharged.

¶23

Criminal Application stands allowed in above terms.

¶24

amj

Ramprasad S/O Kashiba Harbale and Others v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ramprasad S/O Kashiba Harbale and Others 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

Similar cases

Amol S/O Gaman Lange and Others Vs the State of Maharashtra

Sahebrao Gangadhar Mahapure Vs the State of Maharashtra

Ramesh S/O Baban Mali Vs the State of Maharashtra

Bhimrao S/O Baburao Gaike Vs the State of Maharashtra

Mahesh S/O Bhausaheb Bhagwat and Others Vs the State of Maharashtra

Sachin S/O Annasaheb Dhoble Vs the State of Maharashtra