Bombay High CourtAPPP/368/2016others disposed off

Shrawan S/O Hiramanji Khelkar v. State Of Maharashtra, Through P.S.O Deoli, Wardha

2016-04-02Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba202.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.202/2016 Shrawan s/o Hiramanji Khelkar ..Versus..

State of Maharashtra, through P.S.O. Deoli, Distt. Wardha - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------- 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 : 2.4.2016 Heard Shri Mahesh Rai, advocate for the applicant and Shri S.B. Bissa, A.P.P. for the non-applicant.

The applicant is arrested on 6th May, 2015 in crime registered against him for the offence punishable under Section 302 of the Indian Penal Code.

The deceased was co-brother of applicant. According to the prosecution, after the applicant, his wife, deceased and his wife returned from marriage function, there was quarrel between applicant and deceased and the applicant took out gupti from his motorcycle and gave a blow of it in the stomach of the deceased because of which he sustained injury and was required to be hospitalized and succumbed after about 4 days.

2 ba202.16 The charge-sheet is filed. The non-applicant has not been able to show that the custody of applicant is required for further investigation. Considering the facts on the record, I am of the view that the applicant is entitled to be released on bail. Hence, the following order:

(i) The applicant having been arrested in Crime no.88/2015 registered by the non-applicant, he be released on bail on furnishing P.R. bond for Rs.25,000/- (Rs. Twenty Five Thousand Only) and two solvent sureties in the like amount. (ii) The applicant shall attend the sessions trial regularly. In default on the part of the applicant to attend any date of sessions trail by the applicant, without seeking exemption from the sessions Court, this order shall stand recalled.

(iii) The application is allowed in the above terms. CRIMINAL APPLICATION (APPP) 368/2016 in view of disposal of main application, this application does not survive and is disposed of accordingly.

JUDGE Tambaskar.