Anand S/O Vasant Kamble (In Jail) v. State Of Maharashtra, Through P.S.O. P.S. Durgapur, Chandrapur

1 ba46.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.46/2016 Anand S/o Vasant Kamble ..Versus..

State of Maharashtra, through Police Station Officer, Police Station, Durgapur, Tah. and Distt. Chadnrapur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - 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 S.V. Sirpurkar, advocate for the applicant and Shri S.M. Bhagde, A.P.P. for the non-applicant.

The applicant is arrested in crime registered against him and co-accused Rakesh s/o Vanketi Manthanwar for the offence punishable under Section 307, 342, 397, 452, 506 read with Section 34 of the Indian Penal Code.

According to the prosecution, because of some dispute regarding payment of wages of the applicant by the victim, when the applicant had been to demand wages to the victim, at his residence,

2 ba46.16 there were some hot exchanges and the applicant assaulted the victim. The charge-sheet is filed on 6th July, 2015. The non-applicant has not been able to show that the custody of applicant is required for further investigation. The applicant is in jail since 21st May, 2015. The co-accused Rakesh is granted bail by this Court by the order dated 2nd March, 2016.

Looking to the nature of allegations and the facts on the record I am of the view that the applicant is required to be released on bail. Hence, the following order:

(i) The applicant having been arrested in Crime No.39/2015 registered by the non-applicant, he be released on bail on furnishing P.R. bond for Rs.20,000/- (Rs. Twenty Thousand Only) and two solvent sureties in the like amount. Out of two solvent sureties, one solvent surety shall be furnished by the father or mother of applicant and the other solvent surety shall be furnished by resident of Distt. Chandrapur.

(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.

3 ba46.16 (iii) The application is allowed in the above terms. CRIMINAL APPLICATON (APPP) NO.86/2016.

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

JUDGE Tambaskar.