Subhash Nilchand Sahare (In Jail) v. State Of Maharashtra Thr. Police Station Officer, Police Station Kalmeshwar Nagpur

1 ba226.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.226/2017 Subhash Nilchand Sahare ..Vs..

State of Maharashtra, through Police Station Officer, Police Station Kalmeshwar, Nagpur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Mir Nagman Ali, Adv. for the applicant.

Shri S.P. Deshpande, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 14.6.2017.

Heard.

The applicant is arrested on 3rd October, 2015 in crime registered against him and co-accused for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code.

The application is opposed on the ground that there is ample evidence against the applicant, including an eye witness which shows involvement of the applicant in the crime. The learned A.P.P. has further pointed out that in 2015 just before the incident in question prohibitory action was taken against the applicant and his brother who is co-accused in this crime also. The accusations against the applicant are that he has caused bleeding injury to the deceased by bricks and stones because of which deceased succumbed. The charge-sheet is filed. The non-applicant

2 ba226.17 has not been able to show that custody of the applicant is required for further investigation. In view of the facts of the case, the applicant is entitled to be released on bail. The applicant having been arrested in Crime No.260/2015 registered by the non-applicant, he be released on bail on furnishing P.R. bond for Rs.20,000/- (Rs. Twenty Thousand) and two solvent sureties in the like amount.

The applicant shall attend the trial before Sessions Court on every date unless granted exemption by the Sessions Court.

The application is allowed in the above terms. JUDGE Tambaskar.