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Bombay High CourtAPPLN/1935/2016disposed off

Vishnu S/O Ananda Sawant v. The State Of Maharashtra

2016-04-16Hon'Ble Shri Justice M.T. Joshi3 pages

1 Cri. Appln. 1935-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1935 OF 2016 Vishnu S/o Ananda Sawant, Age 29 years, Occu.: Labour, R/o Takalibhan, Tq. Shrirampur, District Ahmednagar .. Applicant Vs.

The State of Maharashtra Through Police Station, Chalisgaon District Jalgaon .. Respondent .....

Mr. R.A. Jaiswal, Advocate h/f Mr. N.S. Ghanekar, Advocate for the applicant Mr. A.R. Borulkar, APP for the respondent-State ......

CORAM : M.T. JOSHI, J.

DATED : 16/04/2016 ORAL ORDER :

Heard both sides.

2.

The present applicant, who is arrested by Chalisgaon Police Station, Dist. Jalgaon in Crime no.208 of 2015 for the offences punishable under section 396, 201, 109 of the Indian Penal Code and under section 3/25 of the Arms Act, is praying for his release on bail.

2 Cri. Appln. 1935-2016 3.

The applicant was arrested on 13/08/2015. The chargesheet is now filed. The allegation so far as the present applicant is that while the other accused had committed the dacoity with murder at the place, the present applicant has provided them his own vehicle. 4.

Learned A.P.P. submits that the present applicant himself had made a statement that he provided his vehicle and, thereafter, he made the recovery of the said vehicle. Admittedly, there is no other material on record than the said memorandum and recovery panchanama.

5.

Considering all the material on record and finding that the investigation is complete and trial may take its own time, in my view, the applicant deserves to be released on bail on certain conditions. 6.

Hence, the following order:- I) The Application is allowed.

3 Cri. Appln. 1935-2016 II) The applicant be released on bail in Crime no.208 of 2015 registered with Chalisgaon Police Station, Dist. Jalgaon for the offences punishable under section 396, 201, 109 of the Indian Penal Code and under section 3/25 of the Arms Act, upon his executing P.R. bond in the sum of Rs.15,000/- (Rs. Fifteen Thousand) and also upon furnishing surety in the like amount.

III) The applicant shall attend Chalisgaon Police Station, Dist. Jalgaon on every 4th Tuesday of every month between 9.00 am and 10.00 am for a period of one

(1) year or till the trial is concluded, whichever occurs earlier.

7.

Application stands disposed of accordingly.

[M.T. JOSHI] JUDGE arp/-