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Bombay High CourtBA/192/2020allowed

Sagar Gajanan Chaudhari (In Jail) v. State Of Mah., Thr. P.S.O. P.S. Dabki Road, Akola, Dist. Akola

2020-05-15Hon'Ble Shri Justice Z.A. Haq2 pages

ba192.20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 192 OF 2020 Sagar s/o Gajanan Chaudhari .Vs.

State of Maharashtra _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri A.S. Londhe, Advocate for the applicant. Shri A.M. Deshpande, APP for the non-applicant - State. CORAM : Z.A. HAQ, J.

DATED : MAY 15, 2020 Heard.

By this application under Section 439 of the Code of Criminal Procedure, the applicant seeks direction to the non-applicant to release him on bail. The applicant is arrested in connection with Crime No.132/2019 registered with the non-applicant Police Station for the offence punishable under Section 302 of the Indian Penal Code. The accusations against the applicant are that he has killed his maternal uncle under the belief that deceased was threatening sister of the applicant.

The applicant is in jail since 24.06.2019. Chargesheet is filed. The non-applicant State is not able to point out that further custody of the applicant is required for investigation.

Considering the facts of the case and the present situation, I am of the view that following order would sub-

ba192.20.odt serve the ends of justice:

The applicant having been arrested in connection with Crime No.132/2019 registered with the non-applicant Police Station, be released on bail on executing PR bond for 50,000/- and on furnishing cash security of 25,000/-. ₹ ₹ The applicant shall attend the Sessions Court on every date of Sessions trial, unless exemption is granted by the Sessions Court.

In case of failure on the part of the applicant to attend the trial as directed by this order, the non-applicant will be at liberty to file application for cancellation of bail granted by this order.

The amount of 25,000/- which will be deposited ₹ as per this order be treated as muddemal and disposal of it shall be as per the order passed by Sessions Court at the time of conclusion of the trial.

The Criminal Application is allowed in the above terms.

JUDGE srwagh