Bombay High CourtABA/35/2016allowed

Chadrabhan S/O Kaniram Jadhao @ Chandu Rathod And Another v. The State Of Maharashtra, Through P.S.O. Mahagaon, Yavatmal

2016-02-17Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba35.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 35 OF 2016 (CHADRABHAN KANIRAM JADHAO & ANR...VS..STATE OF MAH., THR. PSO, PS MAHAGAON, DIST. 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.

DATED : FEBRUARY 17, 2016.

Heard Shri Aditya Patil-Mane, advocate for the applicants and Shri N.B. Jawade, A.P.P. for the non-applicant. The applicant No.1(father) and the applicant No.2(son) have filed this application seeking pre-arrest bail in the crime registered against them for the offence punishable under Section 306 r/w Section 34 of the Indian Penal Code. The crime is registered against the applicants on the basis of the circumstantial evidence.

The applicants are labourers. The prosecution has not averred that the applicants are involved in any crime earlier. Hence, considering the facts on record, I am convinced that the applicants are entitled for pre-arrest bail. Hence, the following order :

i) In the event of arrest in relation to Crime No. 268 of 2015, registered by the non-applicant, the applicants shall be released on bail on furnishing P.R. Bond in the sum of Rs.Ten Thousand each and two solvent sureties in the like amount.

2 aba35.16 ii) After the chargesheet is filed, the applicants shall regularly attend every date of the sessions trial unless exemption is granted by the Sessions Court.

iii) In default on the part of the applicants to attend on 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..