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Bombay High CourtBA/109/2016allowed

Aakash S/O Digambar Dhore (In Jail) v. The State Of Maharashtra, Through P.S.O. P.S. Balapur, Akola

2016-03-16Hon'Ble Shri Justice Z.A. Haq2 pages

ba.109.16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION [BA] NO.109 OF 2016 (Aakash Digambar Dhore vs.

State of Maharashtra, through P.S.O. Balapur, District Akola) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

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CORAM

: Z.A. HAQ, J.

DATE : 16 th MARCH, 2016.

Heard Shri R.M. Daga, learned Advocate for the applicant and Shri N.S. Khubalkar, learned A.P.P. for the nonapplicant. The applicant is arrested on 25th of August, 2015 in crime registered against three accused persons (including the applicant) for the offences punishable under Sections 307, 504 read with Section 34 of the Indian Penal Code and subsequently converted into the offence under Section 302 read with Section 34 of the Indian Penal Code.

According to the prosecution, three accused persons assaulted the victim, because of which he sustained injuries and succumbed to the injuries. The facts on record show that the victim was given blow by stick on his head by Sachin. The accusations against the applicant are that he gave blows to the victim by fist.

ba.109.16 2/2 The charge-sheet is filed. Considering the nature of accusations against the applicant and as the non-applicant has not been able to show that custody of the applicant is required for further investigation, in my view, the applicant is entitled to be released on bail.

Hence, the following order :

i.

The applicant having been arrested in Crime No.218/2015 registered by the non-applicant, he be released on bail on furnishing P.R. Bond in the sum of Rs.20,000/- (Rupees Twenty Thousand Only) with one solvent surety in the like amount.

ii. The application is allowed in the above terms. JUDGE *sdw