Bombay High CourtAPPP/209/2016others disposed off

Laxman @ Lachiram @ Lachi S/O Totaram Rathod v. The State Of Maharashtra, Through P.S.O. Umred, Nagpur

2016-04-01Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 103 OF 2016 (LAXMAN @ LACHIRAM @ LACHI TOTARAM RATHOD...VS..STATE OF MAH. THR. PSO PS UMRED, NAGPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 : APRIL 01, 2016.

Heard Shri Mir Nagman Ali, advocate for the applicant and Shri S.M.Bhagde, A.P.P. for the non-applicant. The applicant is arrested on 15th June, 2015 in the crime registered by the non-applicant for the offence punishable under Sections 302, 143, 147, 148, 149, 201 and 449 of the Indian Penal Code. The crime is registered against the applicant and seven others.

The accusations are that the applicant and coaccused assaulted deceased Shalik Jadhav at about 2.00 a.m. in the night between 13th May, 2014 and 14th May, 2014. According to the prosecution, Rekha Jadhav (wife of brother of the deceased) is an eyewitness.

The learned advocate for the applicant has submitted that the version of alleged eyewitness Rekha Jadhav does not inspire confidence and the events narrated by her appear to be improbable. It is submitted that though Ramprasad Jadhav-husband of Rekha Jadhav was sleeping in the same house from where Rekha has witnessed the incident as per her statement, there is no apparent reason as to why

2 ba103.16 Rekha Jadhav had not woken him up and informed him about the brutal attack on deceased Shalik and he is informed about it only at 4.00 a.m. when he got up, as recorded in the statement of Rekha Jadhav.

The charge-sheet is filed on 7th August, 2015. The non-applicant has not been able to show that the custody of the applicant is required for further investigation. In my view, considering the facts on record, the applicant is entitled to be released on bail.

Hence, the following order :

i) The applicant having been arrested in Crime No. 61 of 2015, registered by the non-applicant, he be released on bail on furnishing P.R. Bond for Rs.Twenty Five Thousand and two solvent sureties in the like amount. ii) The applicant shall attend every date of the sessions trial before the Sessions Court, unless granted exemption by the Sessions Court.

The application is allowed in the above terms. CRI.APPLN.(APPP) NOS.209/16 & 210/16.

In view of disposal of the main application, the applications for grant of time to file copy of say and certified copy of PF Order and certified copy of charge-sheet have become infructuous, hence, both the applications are disposed of.

JUDGE RRaut..