Disposed

Amit S/O Pradip Satao v. the State of Maharashtra Thr. Nandura Tq. Nandura, Dist. Buldhana

Bombay HC21 May 2024BA/467/2024

Case brief

AI extract

What is this about?

Bail application by an accused arrested in a communal rift during a procession involving stone-pelting at police. Court noted investigation complete, no specific role attributed to applicant, and granted bail on a personal recognisance bond with conditions against tampering with witnesses.

What did the court decide?

Applicant released on P.R. Bond of Rs. 25,000/- with one solvent surety; directed not to induce, threat or promise witnesses.

Amit S/O Pradip Satao vs the State of Maharashtra Thr… — Bail and Remand | Bombay HC (2024)

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2024:BHC-NAG:5763

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ba467.2024.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CRIMINAL APPLICATION (BA) NO. 467 OF 2024

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Amit s/o Pradip Statao (In Jail) V/s State of Maharashtra

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Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

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Mr. D.I. Jain, counsel for the Applicant.

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Mr. Phasate, APP for the non-applicant/State.

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CORAM : URMILA JOSHI-PHALKE, J. DATED : 21/05/2024.

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The applicant came to be arrested on 3/04/2024, in connection with crime No. 235/2024 registered with Police Station Nandura, District Buldhana for the offence punishable under Sections 308, 353, 332, 143, 147, 148, 427 read with Section 149 of the Indian Penal Code, 1860, Section 7 of the Criminal Law Amendment Act, 1932 and Section 135 of the Maharashtra Police Act, 1951.

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The accusation against the present applicant is on the basis of report lodged by Shrikrushna Devrao Hadde, on an allegation that the group of two communities came together on 28/03/2024, there was a procession going on and during that procession, there was a rift between the two communities. During that rift, the present applicant and the other co-accused pelted stones towards the police, due to which, the police vehicles were damaged as well as some police personnel sustained the injuries. Learned counsel for the applicant submitted that as far as the

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rkn

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present applicant is concerned, no overt act is attributed to him, and his further custodial interrogation is not required. The other co-accused are already released on bail.

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Learned APP strongly opposed the said application on the ground that there was a rift between the two communities and during that rift, the two communities pelted stones towards each other, and some police personnel and the police vehicles were also damaged in the said incident. Considering the role of the present applicant who was the leader of the said community, if he is released on bail, he would tamper with the prosecution evidence, in view of that, application deserves to be rejected.

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Having heard learned counsel for the applicant and learned APP for the State, perused the recitals of the FIR as well as the investigation papers, from which it reveals that during the procession, there was a rift between the two communities and they pelted stone, in which the police personnel has sustained the injuries as well as police vehicles were also damaged. As far as further custodial interrogation is concerned, which is not required as the investigation is already completed. The role of the present applicant is also not specifically mentioned. In view of that, further incarceration of the present applicant is not required. Accordingly, I proceed to pass the following order;

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a) The application is allowed.

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b) The applicant – Amit s/o Pradip Satao shall be released on bail, in connection with Crime No. 235/2024 registered with Police Station Nandura, District Buldhana for the offence punishable under Sections 308, 353, 332, 143, 147, 148, 427 read with Section 149 of the Indian Penal Code, 1860, Section 7 of the Criminal Law Amendment Act, 1932 and Section 135 of the Maharashtra Police Act, 1951, on executing P.R. Bond in the sum of Rs. 25,000/- with one solvent surety in the like amount.

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c) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the present case.

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The criminal application is disposed of.

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[ URMILA JOSHI-PHALKE, J.]

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Signed by: Mr. R.K. NANDURKAR rkn Designation: PA To Honourable Judge Date: 22/05/2024 13:18:38

Amit S/O Pradip Satao v. the State of Maharashtra Thr. Nandura Tq. Nandura, Dist. Buldhana

Case brief

What is this about?

What did the court decide?

Amit S/O Pradip Satao v. the State of Maharashtra Thr. Nandura Tq. Nandura, Dist. Buldhana

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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