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Bombay High CourtAPPP/31/2016others disposed off

Akash S/O Anand Bambole (In Jail) v. The State Of Maharashtra, Through P.S.O. P.S. Ramnagar, Chandrapur

2016-02-11Hon'Ble Shri Justice Z.A. Haq3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.15/2016 Akash S/o Anand Bambole ..Versus..

The State of Maharashtra, through Police Station Officer, Police Station Ramnagar, Distt. Chandrapur.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - 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.

DATE : 11.2.2016 Heard Shri R. M. Daga, advocate for the applicant and Shri T.A. Mirza, A.P.P. for the non-applicant.

The applicant has been arrested on the allegation that he has abetted the commission of suicide by Supriya. It is the case of prosecution that there was intimacy between the applicant and deceased and because of the activities of two of his friends the deceased committed suicide.

Supriya was major and studying in B.A. 1st year in a college at Chandrapur. The applicant is also a student studying in V.J. Polytechnic College at Rajura, Distt. Chandrapur. It is undisputed that

2 ba15.16 the applicant is not involved in any other offence, earlier. The charge-sheet is filed. The non-applicant has failed to establish that custody of applicant is required by it for further investigation. Considering the facts on the record, in my view, the applicant is entitled for bail.

Hence the following order:

(i) The applicant having been arrested in connection with Crime No.387/2015 registered by the non-applicant be released on bail, on furnishing P.R. bond of Rs.50,000/- and two solvent sureties in the like amount. Out of the two solvent sureties, one solvent surety shall be of resident of Ballarshah, Distt. Chandrapur.

(ii) If the applicant is having a passport, he shall deposit it with the Sessions Court, Chandrapur within two weeks and if he is not having passport issued in his favour, he shall file an affidavit before the Sessions Court within two weeks. In case the passport is not deposited or the affidavit is not filed before the Sessions Court within two weeks, this order shall stand recalled.

(iii) The application is allowed in the above terms. In the circumstances, the parties to bear their own costs.

3 ba15.16 CRIMINAL APPLICATION (APPP) NO.31/2016 In view of disposal of main application, this application praying for grant of time to file certified copy of charge-sheet is rendered infructuous. It is disposed of accordingly.

JUDGE Tambaskar.