← Library
Bombay High CourtBA/263/2020allowed

Vinod Ramesh Sharma And Another v. State Of Mah., Thr. P.S.O. P.S. Kotwali Akola Tq And Distakola

2020-08-13Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

1 138ba210.20

IN THE HIGH COURT OF JUDICTURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.210 OF 2020 (Aarti Vinod Sharma .vs. State) with CRIMINAL APPLICATION (BA) NO.263 OF 2020 (Vinod Ramesh Sharma and another .vs. State) ------------------------------------------------------------------------------------------------------------------------------------------------------------ OfÏce Notes, OfÏce Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ------------------------------------------------------------------------------------------------------------------------------------------------------------ CORAM : M. G. GIRATKAR, J.

DATE : 13.8.2020.

1.

Heard Mr.Ved Deshpande, learned Counsel for the applicants and Mr.V.A.Thakare, learned Additional Public Prosecutor for nonapplicant/State. The hearing was conducted through Video Conferencing and the learned Counsel for the respective parties agreed that the audio and visual quality was proper.

2.

Mr.Ved Deshpande, learned Counsel for the applicants has submitted that investigation is complete and charge-sheet is filed. Both the applicants are in jail since 21.11.2019. They are granted interim bail by the Sessions Court and it is continued till date. The learned Counsel has pointed out statement of main witness namely Sanjana Mishra and submitted that the applicants Vinod Sharma and Aarti Sharma entered in the house. Accused Vinod Sharma touched the head and chest of Nidhi Mishra and Sanjana Mishra.

2 138ba210.20 The applicant Aarti Sharma and others searched the house and abused her. Except this, there is no material against the applicants to show about commission of any serious offence. Therefore, it is prayed to grant bail to the applicants.

3.

Mr.V.A.Thakare, learned Additional Public Prosecutor strongly objected both the applications. From the perusal of report and statement of Sanjana Mishra, it appears that Sanjana was only present in the house. Applicant Aarti and other accused entered in the house. They abused her saying that she was doing prostitution. Except that there is no material on record to show any overt act by any of the accused. Hence, both the applications are allowed.

The applicants be released on bail on execution of P.R. bond of Rs.25,000/- each with one solvent surety each in the like amount.

They shall not tamper with the evidence of prosecution witnesses.

They shall attend the trial Court on each and every date.

The application is disposed of.

JUDGE Digitally signed by Suraj Jaiswal Date:

2020.08.13 17:45:17 +0530 ssjaiswal Suraj Jaiswal