Damu Hari Lohar and Ors Vs State of Maharashtra Nashik Sessions Court Bail Application 1156 of 2022

(Exh.1) ::1:: (Bail Application No.1156/22) IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT
NASHIK BAIL APPLICATION NO.1156 OF 2022

1. Damu Hari Lohar ]
2. Tukaram Sukya Valvi ]
3. Kisan Shankar Lohar ]
4. Navsu Hari Lohar ]… Applicants / Accused

V/s.

The State of Maharashtra ] Through– P.I.Peth Police Station. ]… Prosecution/Respondent.

Advocate Shri.S.J.Deshpande for the applicants/accused.

APP Shri.Kadave for the State.

ORDER BELOW BAIL APPLICATION EXH.1

This is an application under Section-439 of the Criminal Procedure Code in C.R.No.36/2012 for the offence punishable under Section-336, 337, 353, 332, 395, 307 of the Indian Penal Code registered at Peth Police Station.

2.The facts of the prosecution case is that FIR is filed by Mr.Dilip Ghorpade against the applicant accused and other people for assaulting the informant and witnesses and thereby committing dacoity and pelting stones and assaulting with sawing, axe, iron rod, wooden stick on a public servant and witnesses at Zari Navapada Village, Tal.Peth, Dist.Nashik.

3.The case of the applicant is that they are already released on bail but they failed to attend on date in the Ld. Magistrate Court and accordingly NBW issued against them. As soon as they came to know about the NBW they attended the court and made an application for cancellation of NBW which has been rejected and they were remanded to magisterial custody.

4.Heard both side. Heard APP Shri.Kadave. Heard Ld.Adv. Shri.Deshpande.

5.The record reveals that the accused were already released on bail. Only they failed to attend the trial court. There are no criminal antecedents against the accused. Jail is exception and bail is rule. Hence, order –

ORDER

1.Bail application is allowed.

2.Applicant/accused Damu Hari Lohar, Tukaram Sukya Valvi, Kisan Shankar Lohar, Navsu Hari Lohar be released on bailin C.R.No.36/2012 for the offence punishable under Section-336, 337, 353, 332, 395, 307 of the Indian Penal Code registered at Peth Police Station on furnishing P.R. Bond of Rs.15,000/-each (Rs.Fifteen Thousand Only) with one or two surety in like amount on following conditions.

(a) They shall attend the Trial Court for hearing punctually.

3.Criminal Bail Application stands disposed of accordingly.

Digitally signed by UMESHCHANDRA UMESHCHANDRA JAIKUMAR MORE JAIKUMAR MORE Date: 2022.09.28 17:52:46 +0530 (Dr. U.J. More) Nashik. Additional Sessions Judge Date : 28.09.2022
Nashik.