Bombay High CourtBA/29/2016allowed

Akash S/O Raju Patel v. State Of Maharashtra, Through Pso Wardha (City)

2016-02-26Hon'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. 29 OF 2016 (AKASH RAJU PATEL...VS..STATE OF MAH., THR. PSO, PS WARDHA (CITY), DIST. WARDHA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 26, 2016.

Heard Shri A.M.Jaltare, advocate for the applicant and Ms N.P. Mehta, A.P.P. for the non-applicant. Crime No. 141 of 2015 is registered against the applicant for the offence punishable under Section 302 r/w 34 of the Indian Penal Code. Along with applicant two other accused are also involved as per the allegations of the prosecution, however, they are juvenile and therefore, their matter is referred to the Juvenile Court.

The allegations against the applicant are that the knife which is used for assaulting the deceased is recovered from the applicant and the knife shows the fingerprints of the applicant. There is no eye-witness. The charge-sheet is filed. The applicant has stated that he is not involved in any crime earlier. This is not controverted by the non-applicant. The applicant is working as labourer on a Paan Kiosk. The nonapplicant has not been able to show that the custody of the applicant is required for further investigation. In view of the above, I am satisfied that the applicant is entitled for being released on bail.

2 ba29.16 Hence the following order :

Having been arrested in Crime No.141 of 2015 registered by the non-applicant, the applicant be released on bail on furnishing P.R. Bond for Rs.Ten Thousand and two solvent sureties in the like amount.

The applicant shall attend every date of the sessions trial before the Sessions Court, unless granted exemption by the Sessions Court. If the applicant fails to attend any date of the sessions trial without seeking exemption from the Sessions Court, this order shall stand recalled.

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