Vaibhav Suresh Wakade v. State Of Maharashtra, Through P.S. Sihora, Bhandara

1 ba51.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.51/2016 Vaibhav Suresh Wakade ..Versus..

State of Maharashtra, through Police Station Sihora, Tah. Tusmar, Distt. Bhandara - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - 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 : 24.2.2016 Heard Shri A.A. Pannase, advocate for the applicant and Shri S.S. Doifode, A.P.P. for the non-applicant.

The applicant is arrested in crime registered against him vide F.I.R. No.24/2015 for the offence punishable under Sections 302, 307, 143, 147, 148 and 149 of the Indian Penal Code. The learned advocate for the applicant has submitted that the name of applicant is not shown in the F.I.R. It is submitted that the other persons were involved in the alleged offence and in the identification parade conducted by the investigating agency, two other

2 ba51.16 accused have been identified and the applicant is not identified by the eye witness. This fact is admitted by the non-applicant. It is submitted on behalf of the applicant that he has not been involved in any crime earlier. This fact is not controverted by the non-applicant. The charge-sheet is filed. The non-applicant has not been able to show that custody of applicant is required for further investigation. Considering the facts on the record, I am satisfied that the applicant is required to be released on bail. Hence, the following order:

(i) The applicant having been arrested in crime registered by the non-applicant vide Crime No.24/2015 be released on bail on furnishing P.R. bond in the sum of Rs.20,000/- (Rs. Twenty Thousand Only) with two solvent sureties in the like amount. Out of two solvent sureties, one surety shall be furnished by father of applicant. (ii) The applicant shall attend every date of sessions trial before the Sessions Court unless granted exemption by the Sessions Court. In case of default on the part of the applicant to attend any date before the Sessions Court, unless exempted by the Sessions Court, this order shall stand recalled.

(iii) The application is allowed in the above terms.

3 ba51.16 No orders as to costs.

CRIMINAL APPLICATION (APPP) NO.88/2016.

In view of disposal of main application, this application does not survive and is disposed of accordingly. No orders as to costs. JUDGE Tambaskar.