Bombay High CourtBA/34/2016allowed

Mangesh Subhashrao Sanake v. State Of Maharashtra, Through P.S.O. Bhatkuli, Amravati

2016-02-25Hon'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.34/2016 Mangesh Subhashrao Sanake ..Versus..

State of Maharashtra, through Police Station Officer Bhatkuli, Tah. Bhatkuli, Distt. Amravati - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - 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 : 25.2.2016 Heard Shri P.V. Navlani, advocate for the applicant and Ms. Ritu V. Kaliya, A.P.P. for the non-applicant. The applicant is arrested on 20th December, 2015 in crime registered by the non-applicant for the offence punishable under Sections 307, 379, 353 and 279 of the Indian Penal Code. The allegations against the applicant are that Shri Ajitkumar Vasantrao Yele - Tahsildar on suspicion that sand was being illegally transported, had gone to Hartoli Fata and signaled a vehicle to stop and on inspection it was found that it was loaded with sand and when Driver was asked to produce royalty of sand he failed to produce it and tried to run away from the spot and when Shri Ajitkumar tried to stop the

2 ba34.16 vehicle, the vehicle was run over the complainant. In the reply filed by the non-applicant it is submitted that the vehicle is registered in the name of Shri Shaikh Safdar Shaikh Haider.

Though the application filed by the applicant is being opposed and charge regarding commission of offence punishable under Section 307 of the Indian Penal Code has been slapped against the applicant, the reply is conspicuously silent about the nature of injuries. The nonapplicant has not placed on record the medical documents to show the nature of injuries, if any, suffered by the complainant. Considering the facts on the record, I am convinced that the applicant is required to be released on bail. Hence, the following order:

(i) The applicant having been arrested in Crime No.97/2015 registered by the non-applicant, be released on bail on furnishing P.R. bond in the sum of Rs.5,000/- (Rs. Five Thousand Only). (ii) The application is allowed accordingly.

No orders as to costs.

JUDGE Tambaskar.