Rahul S/O Chaganlal Shimle v. State Of Maharashtra, Through Kotwali Police Station, Nagpur

1 ba230.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.230/2016 Rahul s/o Chaganlal Shimle ..Versus..

State of Maharashtra, through Kotawali, Police Station, Nagpur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------- 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 : 5.5.2016 Heard Shri P.S. Wathore, advocate for the applicant and Shri S.S. Doifode, A.P.P. for the non-applicant. The applicant is arrested on 6th January, 2016 in crime registered against him and co-accused for the offences punishable under Sections 143, 147, 148, 149, 394, 397, 302 and 201 of the Indian Penal Code, Section 135 of the Maharashtra Police Act and under Section 3 of the Maharashtra Control of Organized Crime Act.

The application is opposed on the ground that the applicant is a member of a gang which is indulging in unlawful activity and earlier also Crime No.155/2013, Crime No.186/2006 and Crime No.25/2009 are registered against the applicant. It is submitted on behalf of the applicant that the applicant is acquitted in the earlier crimes.

The learned advocate for the applicant submits that except for one co-accused - Nitin Shimle all other co-accused are released on bail. The charge-sheet is filed. The non-applicant has not been able to show that the custody of applicant is required for further

2 ba230.16 investigation.

Considering the facts on the record, I am of the view that the applicant is entitled to be released on bail, however, on certain conditions:

(i) The applicant having been arrested in Crime No.104/2014, 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 reside out of Nagpur district till the trial is completed.

(iii) The applicant shall give details of his address where he will be residing and the cell phone number of the applicant and his wife. (iv) The applicant shall attend the sessions trial regularly on every date, unless granted exemption by the Sessions Court. In default on the part of the applicant to attend the sessions trial on any date without seeking exemption from the Sessions Court, this order shall stand recalled.

(v) The application is allowed in the above terms. CRIMINAL APPLICATION (APPP) 379/2016 In view of disposal of main application, this application does not survive and is disposed accordingly.

JUDGE Tambaskar.