Vivekanand Vitthal Nannaware (In Jail) v. The State Of Maharashtra Thr. Police Station Officer Shegaon Dist. Chandrapur

ba.186.18 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [BA] No.186 of 2018 Vivekanand Vitthal Nannaware vs.

State of Maharashtra, through P.S.O. Shegaon, District Chandrapur =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri S.V. Sirpurkar, Advocate for the Applicant. Shri C.A. Lokhande, A.P.P. for the Non-Applicant/State.

CORAM

: S.B. SHUKRE, J.

DATE : 2 nd APRIL, 2018.

Heard.

Perused the reply of the prosecution and the charge-sheet.

It is seen from the material on record that the prosecutrix is a married woman, who, prima facie, during the subsistence of her first marriage, engaged herself physically with this applicant. Although, the prosecutrix says that the physical relations occurred because she believed in the promise of this applicant that he would perform marriage with her, the fact remains that the physicality between duo was there when the first marriage of the prosecutrix was already in existence.

The applicant is in jail since 15/09/2017. Charge-sheet having been already filed, I do not think that

ba.186.18 2/2 now there is any need for keeping the applicant behind the bar.

The application is allowed. It is directed that the applicant be released on bail on his furnishing a P.R. Bond of Rs.25,000/- together with one solvent surety in the like sum on the conditions that the applicant shall not tamper with the prosecution witnesses in any manner and shall cooperate with the trial Court in expeditious disposed of the case. The application is disposed of as such.

JUDGE *sandesh