1 Cri.A.2439.11+1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2439 OF 2011 Rameshwar S/o Sambhaji Pingalwad, Age : 45 Years, Occup.: Agril., R/o Jakapur, Tq. Bhokar, District Nanded. ...APPLICANT. VERSUS The State of Maharashtra, ...RESPONDENT. WITH CRIMINAL APPLICATION NO. 2440 OF 2011 Sunil S/o Rameshwar Pingalwad, Age : 19 Years, Occup.: Agril., R/o Jakapur, Tq. Bhokar, District Nanded. ...APPLICANT. VERSUS The State of Maharashtra, ...RESPONDENT. ... Shri. Santosh C. Bhosle,Advocate for Applicant. Shri. G.R.Ingole, A.P.P. for Respondent. ... CORAM: T.V.NALAWADE, J. DATE : 7TH JULY, 2011. PER COURT : 1. Both applications are filed for bail, in crime No. 03 of 2011, 2 Cri.A.2439.11+1 registered with Tamsa Police Station, Tq. Hadgaon, District Nanded for the offence punishable under sections, 307, 395, 367, 342, 147, 149 of the Indian Penal Code and under section 135 of the Bombay Police Act. Papers of investigation were made available by APP. It was submitted that charge-sheet is already filed. Both sides are heard. 2. The Crime is registered on the basis of report given by one Madansingh Mohansingh Thakur, who is agent and dealing in the business of four wheeler like tractor. The applicants had approached him for purchasing tractor of Rs. 6,25,000/-. Applicant Rameshwar handed over his Wind Bajaj Motorcycle and one Maroti Omni Car, in exchange and price of Bajaj Motorcycle and Maroti Omni Car was to be deducted from the price of the tractor. He also gave some cash amount in advance. It is case of the complainant that as he had agreed to sell the tractor he sent proposal to HDFC Bank and loan was actually sanctioned. It is case of the complainant that he told the applicant-Rameshwar that after considering price of the vehicles handed over and loan amount it was necessary for him to give Rs. 1, 38,000/- more. There was dispute after making demand of more amount by the complainant. It is contended that due to this dispute the incident took place. The complainant was taken away forcibly in a vehicle and he was detained and attempt was made to obtain some 3 Cri.A.2439.11+1 documents from him. It is the case of the complainant that present applicants and others assaulted him by fist and kick blows and took away some ornaments from his person. 3. Investigation is now completed. Aforesaid circumstances are sufficient to show that applicants are permanent resident of Jakapur Tahsil Bhokar, District Nanded, therefore, there is no possibility of absconding of these persons i.e applicants. The complainant is from village Tamsa. There is aforesaid dispute in respect of transaction and no serious injury was caused to the complainant. In view of these circumstances, it is fit case for granting bail . So, both applicants are allowed. Hence, order. (i) The applicants, namely,(1)Rameshwar Sambhaji Pingalwad and (2) Sunil Rameshwar Pingalwad, in crime No. 03 of 2011, registered with Tamsa Police Station, Tq. Hadgaon, District Nanded for the offence punishable under sections, 307, 395, 367, 342, 147, 149 of the Indian Penal Code and under section 135 of the Bombay Police Act be released on bail on their furnishing PR and SB of Rs. 15,000/-(Rupees Fifteen Thousand) each, on condition that- 4 Cri.A.2439.11+1 (a) The applicants shall not enter village Tamsa, Tq. Hadgaon, District Nanded, where the complainant used to reside. (b) The applicants shall not tamper with the prosecution witnesses . Sd/- [ T.V.NALAWADE, J.] MTK