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Bombay High CourtAPPLN/2793/2015disposed off

Rahul S/O Dadarao Kamble v. The State Of Maharashtra

2015-06-15Hon'Ble Shri Justice V.M. Deshpande2 pages

crap2793.15 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2793 OF 2015 [Rahul s/o Dadarao Kamble Vs The State of Maharashtra] _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court's or Judge's orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Shri G.P.Shinde, advocate for applicant Shri A.S.Shinde, A.P.P. for respondent .....

CORAM : V.M.DESHPANDE, J.

DATED : 15 th June, 2015 PER COURT :- 1] This is an application for bail since the applicant is arrested in connection with Crime No. 59 of 2015, registered at Udgir (city) police station, District Latur, for the offence punishable under Section 302 of the Indian Penal Code. 2] I have heard Shri G.P.Shinde, learned counsel for the applicant and Shri A.S.Shinde, learned Additional Public Prosecutor for the respondent/State.

3] The first information report is lodged by father of deceased Jitesh. According to the first information report, the present applicant was nursing grudge against deceased Jitesh since as per the allegations made in the first information report, Jitesh used to stare the women folk from the house of the present applicant. First information report states that on 29.4.2015 the applicant has given fist blows on the chest of deceased resulting into his death. Learned Additional Public Prosecutor has submitted that there are eye witnesses to the incident. Statements of witnesses reveal that the applicant has given fist blows on the chest of the deceased. From the investigation papers, it appears that

crap2793.15 entire investigation is over and only formality of filing of charge sheet is remained. The applicant is arrested on 29.4.2015. The age of the applicant is 22 years. It is not the allegation of the prosecution that the applicant has used any weapon causing death of Jitesh. In that view of the matter, further custodial presence of the applicant is not necessary.

O R D E R

(i) Application is allowed.

(ii) Applicant Rahul Dadarao Kamble be released on he executing P.R. bond of Rs. 25,000/- with two solvent sureties in the like amount.

(iii) Bail before the trial court.

(iv) Applicant-Rahul Dadarao Kamble shall attend police station Udgir (city), District Latur twice in a week on every Sunday and Wednesday in between 2.00 p.m. to 5.00 p.m. till the charge is framed.

(v) Criminal Application is disposed of.

(V.M.DESHPANDE, J.) dbm/crap2793.15