Bombay High CourtBA/26/2016allowed

Dadarao S/O Nimbaji Gajabhiye (In Jail) v. State Of Maharashtra, Through P.S.O. P.S. Armori, Gadchiroli

2016-03-10Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.26/2016 Dadarao S/o Nimbaji Gajabhiye ..Versus..

State of Maharashtra, through Police Station Officer, Police Station, Armori, Distt. Gadchiroli - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - 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 : 10.3.2016 Heard Shri A. S. Bhendarkar, advocate for the applicant and Shri K.R. Lule, A.P.P. for the non-applicant. The applicant is arrested on 29th July, 2015 in crime registered against him for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code.

Accusations against the applicant are that he had gone with the deceased to Navegaon Bandh for consuming liquor and while returning back there was some dispute regarding mobile phone and co-accused assaulted the deceased with iron rod which proved to be fatal.

Considering the nature of incident, nature of allegations against

2 ba26.16 the applicant, the fact that charge-sheet is filed and as the non-applicant has not been able to show that the custody of applicant is required for further investigation, in my view, the applicant is required to be released on bail.

Hence, the following order:

(i) The applicant having been arrested in Crime No.41/2015 registered by the non-applicant, he be released on bail on furnishing P.R. bond for Rs.20,000/- (Rs. Twenty Thousand Only) and one solvent surety in the like amount.

(ii) The applicant shall attend every date of sessions trial before the Sessions Court unless granted exemption by the Sessions Court. If the applicant fails to attend any date of sessions trial without seeking exemption from the Sessions Court, this order shall stand recalled. (iii) The application is allowed in the above terms. CRIMINAL APPLICATON (APPP) NO.51/2016.

In view of disposal of main application, this application does not survive and is disposed of accordingly.

JUDGE Tambaskar.