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Bombay High CourtBA/966/2022application allowed

Chandkha Chunnukha Pathan v. The State Of Maharashtra

2022-08-18Hon'Ble Shri Justice R. G. Avachat2 pages

953-BA-966-2022.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 966 OF 2022 Chandkha Chunnukha Pathan ... Applicant

Versus

The State of Maharashtra and another ... Respondents ....

Mr. Sachin S. Panale, Advocate for applicant Mr. V. S. Badakh, APP for respondent Nos.1 - State Ms P. V. Langhe, Advocate (appointed) for respondent No.2 ....

CORAM : R. G. AVACHAT, J.

DATED : 18th AUGUST, 2022 PER COURT :- .

This is an application for bail under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with Crime No.514/2021, registered at Chakur Police Station, District Latur, for the offences punishable under Sections 306 and 506 of the Indian Penal Code.

2.

Heard. Perused the First Information Report (FIR) and related papers.

The applicant is alleged to have abetted to suicide his friend. He has been behind the bars for little over two months. Admittedly, no charge-sheet as yet been filed. It is informed that

(( 2 )) 953-BA-966-2022 the application has also been moved before the Court of learned Magistrate for grant of bail for want of filing of charge-sheet within a statutory time frame of sixty days. It is informed that the learned Magistrate has passed order calling upon the Investigating Officer to say and report.

3.

Since no charge-sheet has been filed and considering the nature of office, the application is allowed in terms of following order:

O R D E R

(i) The Bail Application is allowed.

(ii)The applicant be released on bail in connection with Crime No.514/2021, registered at Chakur Police Station, District Latur, for the offences punishable under Sections 306 and 506 of the Indian Penal Code, on his executing P. R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with surety bond of the like amount. (iii)The applicant shall not tamper with the prosecution evidence.

4.

Fees of learned Advocate Ms P. V. Langhe (appointed) is quantified at Rs.6,000/- (Rupees Six Thousand). [ R. G. AVACHAT, J. ] SMS