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Bombay High CourtAPPLN/2825/2017application allowed

Sagar S/O. Arjun Pandit v. The State Of Maharashtra

2017-07-17Hon'Ble Shri Justice K.L. Wadane3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 2825 OF 2017 Sagar s/o Arjun Pandit ... Applicant

VERSUS

The State of Maharashtra ... Respondent .....

Mr. S.S.Dixit, advocate for the applicant Mr. S.B.Joshi, A.P.P for respondent .....

CORAM : K.L.WADANE, J.

DATED : 17th JULY, 2017 O R D E R :

Heard Mr. Dixit, learned counsel appearing for the applicant and Mr. Joshi, learned A.P.P. for the respondent.

2.

One Mohan Shinde lodged first information report alleging that on 14.4.2017 he proceeded from Sangamner to Hingoli via Jalna, Mantha, Sailu, Manwat, Parbhani, Jintoor, Sengaon by his pick up van and distributed the milk.

3.

On 15.4.2017 after distributing the milk he collected money and cheque from the customers when he was proceeding towards Sangamner from

Aundha, at about 10.30 p.m. he parked his vehicle near Sindi Kalegaon in front of Krishna Machinery Hardware. At about 12.30 a.m. some persons by breaking open glass of window of his vehicle entered into the vehicle and by over powering him extracted Rs.1,000/- and mobile from him. They also assaulted him by Tomi, knife. According to the informant, the articles and cash amounting to Rs.49,809/- were extracted from him by force. 4.

Learned A.P.P. submits that during investigation, accused was arrested. His T.I. Parade was arranged, however, the witness informant was unable to identify him. Further more, there is no recovery of any incriminating article from the possession of the applicant. In view of above, the applicant can be enlarged on bail.

5.

Hence, the following order.

(i) Criminal Application is allowed.

(ii) Applicant shall be released on bail in connection with Crime No. 165 of 2017, registered with Jalna Taluka police station, Taluka and

District Jalna, on furnishing P.R. bond of Rs. 25,000/- with one surety in the like amount.

(iii) Applicant shall attend police station Taluka Jalna, District Jalna once in a week i.e. on Monday between 12.00 noon to 2.00 p.m. till filing of charge sheet.

6.

Criminal Application is disposed of.

(K.L.WADANE, J.) dbm