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Bombay High CourtABA/774/2021application allowed

Ashok @ Ashoklal Motilal Nahar And Others v. The State Of Maharashtra

2021-07-23Hon'Ble Shri Justice Sandeep K. Shinde2 pages

(1) aba774.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 21 ANTICIPATORY BAIL APPLICATION NO.774 OF 2021 1.

Mr. Ashok @ Ashoklal Motilal Nahar ...APPLICANTS Age-65 years, Occu-Business, R/o. Ghodegaon, Tq. Newasa, Dist. Ahmednagar 2.

Ajay Ashok Nahar, Age-43 years, Occu-Business, R/o. As above 3.

Abhay Ashok Nahar, Age-38 years, Occu-Business, R/o. As above

VERSUS

The State of Maharashtra ...RESPONDENT Through Police Station Officer, Sonai Police Station, Tq. Newasa, Dist. Ahmednagar Mr. Satyajit S. Bora, Advocate for the applicants Mr. V. S. Badakh, APP for the respondent/State CORAM :

SANDEEP K. SHINDE, J.

DATE :

23-07-2021 P. C.

.

Heard learned counsel for the applicants and learned APP for the respondent/State.

(2) aba774.21 2.

Shivaji (deceased) 26 years old person died due to drowning. It appears he fell in the well while removing the motor pump which was belonging to the applicants. On the face of complaint at the most it may attract the offence punishable under Section 304-A and not Section 304 of the Indian Penal Code. 3.

In consideration of the facts of the case, in my view the applicants' custodial interrogation is not required. The application is allowed.

4.

In the event of arrest in connection with the crime No. 211 of 2021 registered with Sonai Police Station, Tq. Newasa, Dist. Ahmednagar for the offences punishable under Sections 304 read with Section 34 of the Indian Penal Code, the applicants shall be released on bail on executing bond in the sum of Rs. 10,000/- [Rupees Ten Thousand] each with one or more sureties in the like amount. The applicants shall join the investigation as and when called by the Investigating Officer.

[ SANDEEP K. SHINDE, J. ] VishalK/aba774.21