Bharat Samadhan Chakranarayan v. The State Of Maharashtra Thr. P.S.O., Sitabardi, Nagpur

1 2102ba79.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 79 OF 2019 (Bharat Samadhan Chakranarayan .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders.

Shri M.N. Ali, Advocate for the applicant.

Shri H.R. Dhumale, APP for the respondent/State. CORAM : M.G. GIRATKAR, J.

21ST FEBRUARY, 2019.

Heard.

Learned Counsel for the applicant has pointed out the order dated 12th October, 2018 passed by this Court in BA No. 869 of 2018 by which one of the accused namely Ajay is released on bail. He has submitted that the case against the present applicant is on the same footings. Therefore, the applicant is entitled for grant of bail.

Learned APP has strongly objected the application. Perused the entire charge sheet. From the charge sheet, it appears that there was quarrel between the complainant and the accused persons. His sister directed him to go to house. Thereafter, she started abusing the accused. One of the accused namely Monu brought sword and gave blow of sword on her neck and killed her. Ajay and present applicant were present on the spot of incident. From the perusal of entire charge sheet, the applicant has not played any active role. The applicant neither caused any injury nor taken any part in the commission of crime. He was present on the spot of incident. Hence, the following order. The application is allowed. The applicant be released on bail on furnishing PR bond of Rs.25,000/- (rupees

2 2102ba79.19 twenty-five thousand only) with one solvent surety in the like amount.

The applicant shall not tamper the evidence of prosecution witnesses.

The applicant shall attend the trial Court on each and every date.

JUDGE *rrg.