Amol S/O Mahendra Meshram (In Jail) v. State Of Maharashtra, Through P.S.O. Tumsar Police Station, Bhandara

1 ba111.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (BA) NO.111 OF 2016 (Amol s/o Mahendra Meshram ..vs.. State of Maharashtra, through PSO, PS Tumsar, District Bhandara) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 : 1 8 -0 3 -2016 Heard Shri R.K. Tiwari, Advocate for the applicant and Shri N.S. Khubalkar, Additional Public Prosecutor for the non-applicant.

2.

The applicant is arrested on 15-08-2015 in crime registered against him for offences punishable under Sections 147, 148, 149 and 302 of the Indian Penal Code read with Sections 3 and 25 of the Indian Arms Act. 3.

According to the prosecution, ten persons (including the applicant) came in Tata Sumo, out of them four persons (including the applicant) alighted and assaulted the victim who sustained grievous injury because of which later on he died in the hospital. 4.

The incident took place on 12-08-2015 and the victim died on 31-08-2015. The name of the applicant is not found in the First Information Report, however, he is arrested as according to the prosecution the description of the assailant given by victim matches with the

2 ba111.16 applicant.

5.

The charge-sheet is filed. Earlier the applicant is not involved in any crime. The non-applicant has not been able to show that custody of the applicant is required for further investigation. Hence, in my view, the applicant is entitled to be released on bail. 6.

Hence, the following order :

i) The applicant having been arrested in Crime No. 87/2015 registered by the non-applicant, the applicant be released on bail, on furnishing P.R. Bond for Rs.25,000/- and one solvent surety in the like amount.

ii) The applicant shall regularly attend the sessions trial unless granted exemption by the Sessions Court.

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