Bombay High CourtBA/162/2016allowed

Kishore S/O Nilkanth Khobragade v. State Of Maharashtra, Through Pso Ps Shegaon (Chandrapur)

2016-03-29Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba162.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 162 OF 2016 (KISHORE NILKANTH KHOBRAGADE...VS..STATE OF MAH. THR. PSO PS SHEGAON, CHANDRAPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 29, 2016.

Heard Shri A.C.Jaltare, advocate for the applicant and Shri N.B.Jawade, A.P.P. for the non-applicant. The applicant is arrested on 3rd August, 2015 in the crime registered against him for the offences punishable under Sections 307, 450 and 323 of the Indian Penal Code. The crime is registered against the applicant on the complaint of wife of the applicant. The accusations are that because of some disputes between the applicant and his wife, the applicant's wife had been residing with her parents in the adjoining lane and on the day of incident the applicant had barged into the house of the parents of the complainant holding a knife and assaulted the complainant. The learned A.P.P. has pointed out that neighbours viz. Kisan Gajbhiye and his wife Mahananda came to the rescue of the complainant and in the shuffle Mahananda also suffered injuries.

The charge-sheet is filed. Admittedly there are matrimonial disputes going on between the applicant and the complainant.

2 ba162.16 Considering the nature of accusations, facts on record and as the non-applicant has not been able to show that the custody of the 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. 73 of 2015, registered by the non-applicant, he be released on bail on furnishing P.R. bond for Rs.Ten Thousand.

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..