Bombay High CourtBA/31/2016allowed

Anandrao Sambharao Maske (In Jail) v. State Of Maharashtra, Through Officer Incharge Of P.S. Mahagaon, Yavatmal

2016-03-02Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba31.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.31/2016 Anandrao Sambharrao Maske ..Versus..

State of Maharashtra, through Officer In-charge of Police Station, Mahagaon, Tah. Mahagaon, Distt. Yavatmal - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - 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 : 2.3.2016 Heard Shri S.V. Deshmukh, advocate for the applicant and Ms. N.P. Mehta, A.P.P. for the non-applicant.

Crime No.358/2014 is registered against six persons (all members of same family) for the offence punishable under Section 302, 143, 144, 147, 148, 149 and 447 read with Section 34 of the Indian Penal Code.

The allegation against the applicant is that he assaulted deceased Atmaram Adkine because of some dispute over the boundary of agricultural field.

According to the prosecution, the applicant assaulted the deceased by stick. The applicant is in jail since 22nd October, 2014. The charge-sheet is filed.

2 ba31.16 Considering the facts on the record and as the non-applicant has not been able to show that custody of applicant is required for further investigation, in my view, the applicant is entitled to be released on bail. Hence, the following order:

(i) The applicant having been arrested in Crime No.358/2014 registered by the non-applicant, he be released on bail on furnishing P.R. bond for Rs.25,000/- (Rs. Twenty Five Thousand Only) and two solvent sureties 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. JUDGE Tambaskar.