Lakhan Tulsidas Daagor v. State Of Maharashtra, Through P.S.O. Ramdaspeth Police Station, Akola

1 ba87.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 87 OF 2016 (LAKHAN TULSIDAS DAAGOR...VS..STATE OF MAH., THR. PSO, PS AKOLA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 26, 2016.

Heard Shri S.G.Joshi, advocate for the applicant and Shri H.R.Dhumale, A.P.P. for the non-applicant. The applicant is arrested in Crime No.174 of 2014 for the offences punishable under Sections 143, 147, 148, 149, 307, 120-B of the Indian Penal Code, Section 4/25 of the Arms Act and Section 135 of the Maharashtra Police Act, 1951.

The accusation is that 9 persons (including the applicant) have assaulted Yuvraj who sustained severe injuries and he succumbed to the said injuries. It is alleged that the accused have used weapons in the assault and the applicant has given a blow by iron rod.

The co-accused Kamlesh is granted bail on 7th September, 2015, co-accused Shubham is granted bail on 14th January, 2016, co-accused Piya @ Prem is granted bail on 22nd January, 2016 and co-accused Suraj is granted bail by this Court on 22nd January, 2016. The applicant is in jail since 20th November, 2014. The charge-sheet is filed. The applicant is not involved in any other crime earlier. The nonapplicant is not able to show that the custody of the applicant is required for further investigation.

2 ba87.16 In view of above, in my view, the applicant is entitled to be released on bail. Hence, the following order : The applicant, having been arrested in Crime No.174 of 2014 registered by the non-applicant, he be released on bail on furnishing P.R. Bond for Rs.Twenty Thousand and two solvent sureties in the like amount. The applicant shall attend each and every date of the sessions trial before the Sessions Court, unless granted exemption by the Sessions Court. If the applicant fails to attend 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..