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Bombay High CourtAPPLN/2075/2016disposed off

Pravin S/O. Popat Kharchand v. The State Of Maharashtra

2016-06-29Hon'Ble Shri Justice Nitin W. Sambre3 pages

1 Cri. Appln. 2075-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2075 OF 2016 Pravin S/o Popat Kharchand .. Applicant Vs.

The State of Maharashtra .. Respondent .....

Mr. A.N. Kakade, Advocate for the applicant Mr. S.D. Ghayal, APP for the respondent-State ......

CORAM : N.W. SAMBRE, J.

DATE : 29/06/2016 ORAL ORDER :

Heard.

2.

The applicant is seeking bail in Crime no.I-222 of 2013 registered at Newasa Police Station, Dist. Ahmednagar for the offences punishable under section 302, 120-B, 201, 143, 147, 148, 149 of the Indian Penal Code and under section 3/25 of the Arms Act and under section 37(1)(3), 135 of the Bombay Police Act.

2 Cri. Appln. 2075-2016 3.

The applicant came to be arrested on 26/11/2013.

4.

In the said crime, role attributed to the applicant is firing on the deceased - Advocate from a point-blank range from a pistol.

5.

There are eye witnesses to the incident. The weapon is recovered from the applicant.

6.

It is required to be noted that though this Court was persuaded to order release of the applicant on bail on the ground that there are no criminal antecedents, the applicant is a young boy of 18 years and the trial is being protracted for one or other reason, for which the applicant is not responsible, however, having regard to the fact there is direct evidence available against the applicant including that of eye witness, in my opinion, the application needs to be rejected. There is one more reason for rejection of the

3 Cri. Appln. 2075-2016 application that this Court has already expedited the trial.

7.

Application, as such, stands rejected.

[N.W. SAMBRE] JUDGE arp/-