Ashok S/O. Fakira Somankar And Another (In Jail) v. State Of Maharashtra Thr. Police Station Officer Police Station Bhamragarh Dist. Gadchiroli

1 ba201.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (BA) No. 201 of 2018 Ashok and anr v. State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R. R. Vyas, Advocate for applicant Shri S. D. Sirpurkar, APP for respondent-State CORAM : S. B. Shukre, J DATE : 19.3.2018 Heard. Reply of the prosecution is taken on record. Perused the charge-sheet and reply of the prosecution.

It is not disputed that brother of the applicant no. 1 was killed by naxals in 2004. Just because of this killing, I would say, the allegations made against the applicant no. 1 that he is also a supporter of naxals, would have to be taken with a pinch of salt. However, case of applicant no. 2 is totally different and allegations against him are serious in nature.

Applicant no. 1 was arrested on 14.10.2017 and considering the background of the applicant no. 1, nature of the prosecution case against him, I would say, takes a different colour showing some doubts about involvement of applicant no. 1 in this crime. I am, therefore, of the view that no fruitful purpose would be served by keeping applicant no. 1 behind the bar any longer. This would, however, be not the case with applicant no. 2 against whom there is a prima facie material and allegations against him are serious in nature. So, bail cannot be granted to him.

2 ba201.18 Application is partly allowed. Bail application of applicant no. 2 Santosh is rejected. However, bail application of applicant no.1 Ashok is allowed and it is directed that he be released on bail in Crime No. 23/2017 registered with Police Station, Bhamragarh for the offences punishable under Sections 143, 147, 148, 149, 307 and 120B of the Indian Penal Code read with Sections 4 and 5 of the Indian Explosives Act on his furnishing PR Bond of Rs. 20,000/- together with one solve surety in the like amount, on the following conditions :

(1) Applicant no. 1 shall attend Police Station, Bhamragad on every Sunday between 10.00 am and 12.00 pm till the conclusion of the trial.

(2) Applicant no. 1 shall attend the trial Court on all dates fixed in the matter and shall cooperate with the trial Court in expeditious disposal of the case.

(3) Applicant no. 1 shall not tamper with the prosecution evidence in any manner.

Disposed of.

JUDGE joshi