Bombay High CourtBA/182/2016allowed

Shital @ Vinod S/O Shankar Neware And Others (In Jail) v. State Of Maharashtra, Thorugh P.S.O. Ramtek, Nagpur

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

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.182/2016 Shital @ Vinod S/o Shankar Neware and others ..Versus..

State of Maharashtra, through P.S.O., Ramtek, Distt. Nagpur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------- 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 : 29.3.2016 Heard Shri D.C. Chahande, advocate for the applicants and Shri R.S. Nayak, A.P.P. for the non-applicant. The applicants are arrested on 20th October, 2015 in crime registered by the non-applicant against them for the offence punishable under Section 307, 323 and 34 of the Indian Penal Code.

According to the prosecution, because of dispute regarding boundary of agricultural fields, the incident occurred on 19th October, 2015. According to the prosecution, the applicant no.1 - Shital assaulted the victim Umrao Neware by an axe. The applicants and victim are related.

The charge-sheet is filed. Considering the facts on the record and as the non-applicant has not been able to show that the

2 ba182.16 custody of applicants is required for further investigation, in my view, the applicants are entitled to be released on bail. Hence, the following order:

(i) The applicants having been arrested in Crime No.103/2015 registered by the non-applicant, they be released on bail on furnishing P.R. bond for Rs.10,000/- (Rs. Ten Thousand Only) each.

(ii) The application is allowed in the above terms. CRIMINAL APPLICATION (APPP) NO.338/2016.

In view of disposal of main application, this application does not survive and is disposed of accordingly.

JUDGE Tambaskar.