Santosh S/O Kashinath @ Shantilal Katore v. The State Of Maharashtra
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3127 OF 2015 [Santosh Kashinath @ Shantilal Katore 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 R.R.Karpe, advocate for applicant Smt. S.G.Chincholkar, A.P.P. for respondent .....
CORAM : V.M.DESHPANDE, J.
DATED : 2 nd July, 2015 PER COURT :- 1] This is an application for bail, since the applicant is arrested in connection with Crime No. 60 of 2015, registered at Karjat police station, District Ahmedngar, for the offences punishable under Sections 306, 420, 468, 504, 506 r/w 34 of the Indian Penal Code.
3] I have heard Shri R.R.Karpe, learned counsel for the applicant and Smt. S.G.Chincholkar, learned Additional Public Prosecutor for the respondent/State.
4] Learned Additional Public Prosecutor for the State submits that investigation is complete and charge sheet is filed.
5] Learned counsel for the applicant submitted that one of the co-accused Rajkumar is released on bail by the learned trial court and while releasing him the learned trial court has observed that investigation is over. Learned Additional Public Prosecutor has made available to me the investigation papers, which show that investigation is almost complete and formality of filing of charge sheet is remained to be done.
6] Deceased is one Sachin. The first information report is lodged by brother-in-law of first informant. He has committed suicide on 4.2.2015; whereas the first information report is lodged on 5.3.2015. According to the first information report, main accused Vishwajeet promised first informant that if he can shell out amount he will provide job to deceased Sachin. In that view of the matter, according to the first information report, the agricultural property of Sachin was sold and amount was given to Vishwajeet. The allegation against the present applicant is that the said amount was given in the house of the present applicant. The present applicant happens to be maternal uncle of Vishwajeet. Except this , there are no other allegations in the first information report.
7] The suicide note is also seized. It shows active role of Vishwajeet. No doubt, there is a passing reference of the present applicant, however, that cannot be termed as an instigation to Sachin to commit suicide.
8] Looking to such nature of accusation and the fact that the investigation is almost complete, further custodial presence of the applicant is not required. That leads me to pass following order.
O R D E R
(i) Application is allowed.
(ii) Applicant-Santosh s/o Kashinath @ Shantilal Katore be released on bail on he executing P.R. bond of Rs.35,000/- with two solvent sureties in the like amount, in connection with Crime No. 60 of 2015, registered at Karjat police station, District Ahmedngar, for the offences punishable under Sections 306, 420, 468, 504, 506 r/w 34 of the Indian Penal Code.
(iii) Bail before trial court.
(iv) The applicant-Santosh shall attend police station Karjat, District Ahmednagar once in a week, preferably on every Sunday between 3.00 p.m. to 5.00 p.m. till charge sheet is filed.
(v) After filing of charge sheet, the applicant shall attend the police station once in a month i.e. on every 3rd Sunday of each month in between 3.00 p.m. to 5.00 p.m. till trial is over. (vi) Application is disposed of.
(V.M.DESHPANDE, J.) dbm/crap3127.15