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Bombay High CourtABA/169/2016allowed

Mohan S/O Ramaji Ugalmugale And Another v. The State Of Maharashtra, Through P.S. Yavatmal

2016-08-30Hon'Ble Shri Justice Sunil B. Shukre2 pages

3008aba169.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) 169 OF 2016 (Mohan Ramaji Ugalmugale & another Vs. The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A. B. Moon, Advocate for the applicants. Shri C. A. Lokhande, A.P.P. for the State.

CORAM : S. B. SHUKRE, J.

S. B. SHUKRE, J.

DATED : AUGUST 30, 2016 AUGUST 30, 2016 Heard.

According to the learned Counsel for the applicants, there has been no evidence collected against these applicants and they have been arraigned as accused only on the basis of the order passed by the learned Magistrate under Section 156(3) of the Criminal Procedure Code. He submits that, thereafter, no such investigation has been carried out as to reveal any incriminatory role having been played by these applicants.

Learned A.P.P. for the State has opposed this application. However, he could not show to me as to what material in the further investigation carried out in this case has been collected as against the applicant so as to infer that there is a prima facie case made out against him for an offence punishable under Section 302 of the Indian Penal Code. Therefore, I am inclined to grant this application. The application is allowed and the interim bail granted by this Court to applicant No.1 on 04/4/2016 is hereby confirmed on the same conditions with the modification to the condition regarding attendance and now the applicant No.1 shall attend the police station as and when required. JUDGE wwl

3008aba169.16.odt CERTIFICATE "I certify that this order uploaded is a true and correct copy of original signed order."

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