Bombay High CourtBA/211/2016allowed

Vilas S/O Sambharao Maske v. State Of Maharashtra, Through Officer Incharge Of Police Station, Mahagaon, Yavatmal

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. 211 OF 2016 (VILAS SAMBHARAO MASKE...VS..STATE OF MAH. THR. PSO, MAHAGAON, DISTT. YAVATMAL ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 Nitin S. Munghate, advocate for the applicant and Shri S.M.Bhagde, A.P.P. for the non-applicant. Crime No.358 of 2014 is registered against six persons (all members of same family) for offences punishable under Sections 302, 143, 144, 147, 148, 149 and 447 read with Section 34 of the Indian Penal Code.

The allegations are that the accused assaulted deceased Atmaram Hira Adkine because of some dispute over the boundary of agricultural field and that the assault was by sticks. The applicant is in jail since 22/12/2014. The charge-sheet is filed. Co-accused Anandrao Maske and Hasanrao Maske are released on bail by this Court.

Considering the facts on the record and as the nonapplicant has not been able to show that 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 :

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The applicant, having been arrest ed in Crime No. 358 of 2014 registered by the non-applicant, he be released on bail on furnishing P.R. Bond of Rs.Twenty Five Thousand and two solvent sureties in the like amount.

ii. The applicant shall attend every date of the sessions trial before the Sessions Court, unless granted exemption by the Sessions Court. If the applicant fails to attend any date of sessions trial without seeking exemption from the Sessions Court, this order shall stand recalled. The application is allowed in the above terms. JUDGE RRaut..