Bombay High CourtBA/13/2016allowed

Vasanta S/O Ganpat Bhandarkar (In Jail) v. The State Of Maharashtra, Thorugh P.S.O. P.S. Dighori, Bhandara

2016-02-12Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 13 OF 2016 (VASANTA GANPAT BHANDARKAR...VS..STATE OF MAH., THR. PSO, PS DIGHORI/MOT, DIST. BHANDARA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : FEBRUARY 12, 2016.

Heard Shri R.M.Daga, advocate for the applicant and Shri T.A. Mirza, A.P.P. for the non-applicant. The applicant is arrested in the crime registered against him for the offence punishable under Section 302 of the Indian Penal Code. The allegations against the applicant are that he had been grazing cattle of deceased Jamnabai Shahare and looking after her financial affairs and was aware about the financial condition of the deceased and therefore, he has murdered the deceased and taken away money kept in her house.

Shri R.M. Daga, learned advocate for the applicant has submitted that the prosecution is based on circumstantial evidence. It is further submitted that the applicant is an agriculturist and has not been involved in any crime earlier. It is further submitted that the charge-sheet has been filed and there is nothing to investigate further in the matter.

Considering the facts on record and as the nonapplicant has not been able to show that the custody of the

2 ba13.16 applicant is required for further investigation, in my view, the applicant is entitled for bail. Hence, the following order : The applicant having been arrested in connection with Crime No.12 of 2015, registered by the non-applicant, he be released on bail on furnishing P.R. Bond in the sum of Rs.Twenty Five Thousand and two solvent sureties in the like amount. Out of two solvent sureties, one solvent surety shall be resident of village Sakhara, Post : Dighori, Tahsil : Lakhandur, District : Bhandara.

The applicant shall attend on every date of the sessions trial unless he is granted exemption by the Sessions Court. In case of default on the part of the applicant to attend any date before the Sessions Court without seeking exemption from the Sessions Court, this order shall stand recalled.

The application is allowed in the above terms. JUDGE RRaut..