Bombay High CourtBA/135/2016allowed

Avinash S/O Shalikram Dhurve (In Jail) v. The State Of Maharashtra, Through P.S.O. Sihora, Bhandara

2016-03-29Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba135.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 135 OF 2016 (AVINASH SHALIKRAM DHURVE...VS..STATE OF MAH. THR. PSO PS SIHORA, DIST. 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 : MARCH 29, 2016.

Heard Shri R.V.Khaparde, advocate for the applicant and Shri S.S.Doifode, A.P.P. for the non-applicant. The applicant is arrested on 29th August, 2015 in the crime registered against him and other persons for the offences punishable under Sections 302, 307, 143, 147, 148 and 149 of the Indian Penal Code.

The accusations are that five persons went in the car driven by the applicant and assaulted Prakash with premeditation of killing him. The facts on record show that the applicant is employed as a driver on the car owned by Shri Asif Gaffar Sheikh. Statement of Asif Gaffar Sheikh shows that the applicant had informed him that there was booking for the vehicle and he was going with the customer. The charge-sheet is filed.

Considering the nature of accusations, facts on record, that co-accused Vaibhav and Ganesh are granted bail by this Court and as the non-applicant has not been able to show that the custody of the applicant is required for further investigation, in my view, the applicant is entitled to be released on bail.

2 ba135.16 Hence, the following order :

i) The applicant, having been arrested in Crime No. 24 of 2015, registered by the non-applicant, he be released on bail on furnishing P.R. bond for Rs.Twenty Thousand and one solvent surety 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. JUDGE RRaut..