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Bombay High CourtAPPLN/2937/2015disposed off

Pandhari Balu Pawar v. The State Of Maharashtra

2015-07-07Hon'Ble Shri Justice V.M. Deshpande3 pages

1 Cr.Apln. 2937.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2937 OF 2015 Pandhari Balu Pawar .... APPLICANT V E R S U S The State of Maharashtra .... RESPONDENT .............................

Mr. R.V.Gore, Advocate for Applicant.

Mr. U.S.Mote, A.P.P. for Resp. - State.

..............................

CORAM : V.M.DESHPANDE, J.

DATE : 7th JULY, 2015 .............................

PER COURT :

1.

This is an application for grant of bail. Applicant is arrested in connection with Crime No. 63/2015 registered with Gangapur police station, District Aurangabad for the offences punishable u/s 395,397 of the Indian Penal Code. 2.

Heard Mr. R.V.Gore, learned counsel for the applicant and Mr. U.S.Mote, learned A.P.P. for respondent - State.

3.

Present applicant is arrested on 23/04/2015 and since then he is languishing in jail. Applicant was in police

2 Cr.Apln. 2937.2015 custody remand also.

4.

F.I.R. is lodged by Ganesh Fulchand Charande against 5-6 unknown persons that those intruders took forcible entry into his house and they snatched Rs. 5,500/-, mobile phone and also took away golden ornaments.

5.

F.I.R. does not discloses that the intruders used mask on their faces. In spite of the availability of the present applicant during the course of investigation, for the reasons best known to the Investigating Officer, applicant was not subjected to identification parade. Further, according to learned A.P.P., during the course of investigation, nothing is recovered from the present applicant and there is no other incriminating material against him warranting his further custodial presence. That leads me to pass the following order. (i) Present Criminal Application is hereby allowed.

(ii) Applicant Pandhari Balu Pawar be released on bail in connection with Crime No.

63/2015 registered with Gangapur police station, District Aurangabad for the offences punishable u/s 395,397 of the Indian Penal Code on he executing P.R. Bond of Rs. 5,000/- [Rupees Five Thousand] with one solvent surety of like amount.

3 Cr.Apln. 2937.2015 (iii) Present applicant shall attend Gangapur police station twice in a week preferably on every Sunday and Tuesday between 3.00 - 5.00 p.m. till the charge sheet is filed.

(iv) With these observations, Present Criminal Application is disposed of.

[V.M.DESHPANDE, J.] KNP/Cr.Apln. 2937.2015