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Bombay High CourtABA/1981/2018others disposed off

Jyotiram Vitthal Balsaraf v. The State Of Maharashtra

2018-11-22Hon'Ble Shri Justice A.S. Gadkari2 pages

aba.1981-2018.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1981 OF 2018 Jyotiram Vitthal Balsaraf ..Applicant Vs The State of Maharashtra ..Respondent ----- Mr. J.D. Mane, for applicant.

Mr. Amit Palkar, APP for State.

CORAM : A.S.GADKARI, J.

DATE : 22nd November 2018.

P.C.:

1] By a reasoned Order dated 26th September 2018, the applicant was granted interim relief and was directed to attend the Investigating Officer on stipulated dates and to join the process of investigation. 2] Heard the learned Counsel for the applicant and the learned APP. Perused the record.

3] The record indicates that, the weapon i.e. Sattur (sickle) which was used in the present crime has already been recovered from the coaccused Vitthal Balsaraf and Arjun Balsaraf. My predecessor in title in Order dated 26.09.2018 in para-4 has observed that, prima facie provisions of section 327 are not applicable to the present crime. It further appears 1/2

aba.1981-2018.doc that, the applicant has attended the Investigating Officer on stipulated dates and has joined the process of investigation. 4] In view thereof, interim relief granted by Order dated 26th September 2018 is hereby confirmed.

5] Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 2/2