Bombay High CourtBA/139/2016allowed

Yuvraj @ Sadhu Himmat Gavai And Another (In Jail) v. State Of Maharashtra, Through P.S.O. Barshitakli, Akola

2016-03-15Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba139.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 139 OF 2016 (YUVRAJ @ SADHU HIMMAT GAVAI & ANR...VS..STATE OF MAH., THR. PSO, PS BARSHITAKLI, DIST. AKOLA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 15, 2016.

Heard Shri A.B.Mirza, advocate for the applicant and Shri N.B.Jawade, A.P.P. for the non-applicant. The learned advocate for the applicants, on instructions, seeks permission to withdraw the application on behalf of the applicant No.2.

The application, on behalf of the applicant No.2 is disposed of as withdrawn.

The applicant No.1 is arrested on 18th September, 2015 in the crime registered against him for the offences punishable under Sections 307 and 504 of the Indian Penal Code.

The accusations against the applicant No.1 are that he along with co-accused assaulted the victim. Considering the nature of accusations against the applicant No.1, the facts on record, that the charge-sheet is

2 ba139.16 filed and the non-applicant has not been able to show that the custody of the applicant No.1 is necessary for further investigation, in my view, the applicant No.1 is entitled to be released on bail.

Hence, the following order :

i) The applicant No.1-Yuvraj @ Sadhu Himmat Gavai, having been arrested in Crime No. 35 of 2015 registered by the non-applicant, he be released on bail on furnishing P.R. Bond in the sum of Rs.Ten Thousand with 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..