Pralhad vs. State Of Maharashtra

\236 1

ITEM NO.6 COURT NO.2 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl) No(s).4227/2012 (From the judgement and order dated 27/04/2012 in CRLA No.1863/2012 of the HIGH COURT OF BOMBAY AT AURANGABAD) PRALHAD & ANR Petitioner(s) VERSUS STATE OF MAHARASHTRA & ANR Respondent(s) (With appln(s) for anticipatory bail and exemption from filing O.T.) Date: 21/05/2012 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DEEPAK VERMA HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA (VACATION BENCH) For Petitioner(s) Mr. Uday B.Dube,Adv. For Respondent(s) UPON hearing counsel the Court made the following O R D E R Petitioners had applied for grant of anticipatory bail in respect of criminal case registered as C.R. No.I-57 of 2012 dated 27.3.2012 at Police Station Gangapur, District Aurangabad, Maharashtra, for the offences said to have been committed by them under sections 143, 147, 148, 149, 324, 326, 504, 506 and 307 read with Section 34 of Indian Penal Code. Learned counsel for the petitioners contended that the investigation would reveal that petitioners were only standing at the site where the incident had taken place and they had not participated in it. It was also contended that all other co-accused similarly 2 situated have also been granted anticipatory bail except the present petitioners. Looking to the facts and features of the case, we direct that the petitioners - Pralhad son of Kisan Nirphal and Sambhaji son of Nanasaheb shall be granted protection from arrest for a period of thirty days from today, on the condition that the petitioners would apply for regular bail before the concerned Criminal Court within a week. On such application being filed and copy being served on the Public

However, we put the following conditions on the

Prosecutor, the Trial Court would endeavour to dispose of the same at the earliest, preferably on the same

petitioners:-

date.

• 1. Petitioners would report to the Police for investigation, as and when called, upon written request being served upon respondents.
• 2. They would not leave the country without permission of the Trial Court.

With the aforesaid directions, petitioners are granted interim protection against arrest for a period of thirty days from today and the Special Leave Petition stands disposed of.

Court Master Court Master

(A.D. Sharma) (S.S.R. Krishna)