Vinod @ Balu S/O. Karbhari Salve (In Jail) v. The State Of Maharashtra Thr. Police Station Officer Police Station Kingaon Raja Dist. Buldhana

1 ba261.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.261/2017 Vinod @ Balu S/o Karbhari Salve ..Vs..

The State of Maharashtra, through Police Station Officer, Police Station Kingaon Raja, Distt. Buldhana - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.M. Daga, Adv. for the applicant.

Shri S.P. Deshpande, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 14.6.2017.

Heard.

The applicant is arrested on 21st March, 2016 in crime registered against him and 5 others for the offence punishable under Sections 302, 341, 143, 147, 148 and 149 of the Indian Penal Code on the accusations that they have committed murder of Rameshwar. The claim of the investigating agency that applicant is involved in the crime is based on the alleged dying declaration given by deceased Rameshwar to Yogesh when Yogesh took the deceased to hospital. The investigation is complete and charge-sheet is filed on 15th June, 2016. Co-accused Nitin and Vidyadhar are granted bail by this Court by the order passed on 28th February, 2017 in Criminal Application (ABA) No.1115/2016. The applicant claims to be a student and has stated that he is not involved in any other crime / offence. These facts are not

2 ba261.17 controverted by the non-applicant.

Considering the facts of the case specially that the non-applicant has not been able to show that custody of applicant is required for further investigation, in my view, the applicant is entitled to be released on bail. The applicant having been arrested in crime No.33/2016 registered by the non-applicant, he be released on bail on executing P.R. bond for Rs.50,000/- (Rs. Fifty Thousand) and furnishing one solvent surety in the like amount.

The applicant shall regularly attend the trial before the Sessions Court on every date unless granted exemption by the Sessions Court.

The application is allowed in the above terms. JUDGE Tambaskar.