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Bombay High CourtBA/143/2016allowed

Pramod S/O Sitaram Chavan (In Jail) v. The State Of Maharashtra Through Police Station Officer, P.S. Mehkar

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

1 ba143.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.143/2016 Pramod s/o Sitaram Chavan ..Versus..

The State of Maharashtra, through Police Station Officer, Police Station, Mehkar, Distt. Buldhana - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - 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.

DATE : 15. 3.2016 Heard Shri M.P. Kariya, advocate for the applicant and Shri S.S. Doifode, A.P.P. for the non-applicant.

The applicant is arrested on 16th September, 2015 in crime registered for the offence punishable under Section 395 and 120-B of the Indian Penal Code.

According to the prosecution, ten accused persons (including the applicant) took away bag of complainant containing Rs.5,00,000/-, by threatening the complainant at knife point. The claim of the prosecution is that an amount of Rs.5,000/- has been recovered from the applicant which is alleged to be from the amount of Rs.5,00,000/- of the complainant.

Considering the accusations against the applicant, the facts on the record, that charge-sheet is filed and as the non-applicant has not been able to show that custody of applicant is required for further investigation, in my view, the applicant is entitled to be released on

2 ba143.16 bail.

Hence, the following order:

(i) The applicant having been arrested in Crime No.177/2015 registered by the non-applicant, he be released on bail on furnishing P.R. bond in the sum of Rs.10,000/- (Rs. Ten Thousand Only). (ii) The application is allowed in the above terms. CRIMINAL APPLICATION (APPP) NO.284/2016 In view of disposal of main application, this application does not survive and is disposed of accordingly.

JUDGE Tambaskar.