Sachin S/O Bhimrao Wankhade (In Jail) v. State Of Maharashtra, Through P.S.O. Telhara, Akola

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.145/2016 Sachin S/o Bhimrao Wankhade ..Versus..

State of Maharashtra, through Police Station Officer, Telhara, Tq. Telhara, Distt. 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.

DATE : 23.3.2016 Heard Shri J.B. Gandhi, advocate for the applicant and Shri S.M. Bhagde, A.P.P. for the non-applicant.

The applicant is arrested in crime registered against him for the offence punishable under Section 302, 201 read with 34 of the Indian Penal Code.

The application is opposed on the ground that there is dying declaration of deceased, made to Yogesh Kukde, Nivruti Kukde, Praveen Kukde and Gopal Kukde who took him from Telhara to Akola. It is stated that Pramod Janjal and Satish Ghule are eye witnesses and their statements show that the offence is committed by the applicant. It is further submitted that the weapon has been recovered under Section 27 of the Indian Evidence Act and the

2 ba145.16 doctor opined that the injuries found on the person of deceased might have been inflicted by the weapon which is recovered. Initially, the crime was registered against unknown person. According to the non-applicant, in the investigation it is found that the applicant has committed the offence and, therefore, he is arrested.

The charge-sheet is filed on 11th December, 2015. Considering the facts on the record and as the non-applicant has not been able to show that the custody of 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.96/2015 registered by the non-applicant, he be released on bail on furnishing P.R. bond for Rs.20,000/- (Rs. Twenty Thousand Only) and two solvent sureties in the like amount.

(ii) The applicant shall attend the sessions trial regularly. In default on the part of the applicant to attend any date of sessions trial before the Sessions Court, without seeking exemption from the Sessions Court, this order shall stand recalled. (iii) The application is allowed in the above terms.

3 ba145.16 JUDGE Tambaskar.