← Library
Bombay High CourtAPPLN/6710/2015disposed off

Chandkhan Ahmedkhan Pathan v. The State Of Maharashtra

2016-01-18Hon'Ble Shri Justice Nitin W. Sambre2 pages

Cri.Appln.6710/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.6710 OF 2015 Chandkhan Ahmedkhan Pathan, Age 46 years, Occu. Labour, R/o Her, Taluka Udgir, Dist.Latur ..Applicant

Versus

The State of Maharashtra, (through Police Station, Udgir, District Latur) ..Respondent Mr A.S. Bayas, Advocate for applicant Mr U.S. Mote, A.P.P. for respondent Mr Ajinkya Reddy, Advocate for complainant - assisting the A.P.P. CORAM : N.W. SAMBRE, J.

DATE : 18th January 2016 PER COURT Heard.

2.

The applicant is seeking regular bail in Crime No.03/2015, registered at Udgir (Rural) Police Station, District Latur, for the offences punishable under Sections 302, 109, 114, 498-A, 323 read with Sec.34 of Indian Penal Code.

3.

Mr Bayas, learned Counsel for the applicant, while trying to make out the case for grant of regular bail would strenuously urge that the investigation in the matter is already completed and chargesheet is filed, as such further detention of the applicant is not necessary. He would then urge that perusal of the charge-sheet depicts contradictory story to the one narrated in the F.I.R. and invited attention of this Court to the statement of Naushadbee. He would

Cri.Appln.6710/2015 then urge that the applicant is ready to abide by the conditions, as shall be imposed by this Court, as the other co-accused are already released by this Court.

4.

Learned A.P.P., who was assisted by learned Counsel for the complainant would urge that there is strong and prima facie case against the applicant and prayed for rejection of the application. 5.

Upon perusal of charge-sheet, it is noticed that the contents of F.I.R. match with the injuries suffered on the body of victim. The statements of Suresh and Sopan who are eye witnesses support the prosecution case. As such, application fails, stands rejected. ( N.W. SAMBRE, J.) vvr