Bharat S/O Deepla Rathod (In Jail) v. State Of Maharashtra, Through P.S. In-Charge, Mahagaon Police Station, Yavatmal

1 ba946.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIIMINAL APPLICATION (APPP) NO.146/2016 Bharat S/o Deepla Rathod ..Versus..

State of Maharashtra, through Police Station In-charge Mahagaon Police Station, Tah. Mahagaon, Distt. 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.

DATE : 7.3.2016 Heard Shri P.R. Agrawal, advocate for the applicant. For the reasons stated in the application, the applicant is permitted to assist the prosecution. The application is allowed. CRIMINAL APPLICATION (BA) NO.946/2015 Heard Shri Shantanu Khedkar, advocate for the applicant and Shri S.S. Doifode, A.P.P. for the non-applicant. The applicant is arrested on 7th June, 2015 in crime registered for the offence punishable under Section 302, 307, 147, 148, 149, 324, 323 and 506 of the Indian Penal Code.

The allegations against the applicant are that about 10 to 12 persons (including the applicant) assaulted Sanjay Jaiswal with bicycle

2 ba946.15 chain, iron rod and other weapons because of which he sustained injuries and subsequently succumbed to the injuries. The charge-sheet is filed. The non-applicant has not been able to show that the custody of applicant is required for further investigation. In my view, the applicant is entitled to be released on bail on the conditions, as stated in the order.

Hence, the following order:

(i) The applicant having been arrested in Crime No.95/2015 registered by the non-applicant, he shall be released on bail on furnishing P.R. bond for Rs.25,000/- (Rs. Twenty Five Thousand Only) and one solvent surety in the like amount to be furnished by the father of the applicant.

(ii) The applicant shall attend the sessions trial regularly. In default of the applicant to attend any date of sessions trial before the Sessions Court, without seeking exemption from the Sessions Court, this order shall stand recalled.

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

3 ba946.15 Tambaskar.