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Bombay High CourtAPPP/510/2023disposed off

Surajpal Dharamsingh Thakur v. State Of Mah. Thr. Sub Inspector Railway Police Force Railway Ps Nagpur

2023-03-24Hon'Ble Shri Justice Anil L. Pansare2 pages

1 908-Cri.APPP 510.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C RIMINAL APPLICATION (APPP) IN CRIMINAL APPLICATION (BA) NO.

OF 20 Surajpal S/o Dharamsingh @ Dharamvir @ Thakur ..VS..

State of Maharashtra through Sub-Inspector, Railway Police Force, Railway 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.N. Nandeshwar, Advocate for Applicant. Shri M.J. Khan, A.P.P. for Respondent/State.

CORAM : A NIL L. PANSARE , J.

DATED : MARCH 24 , 20 .

1.

Heard.

2.

The applicant is seeking correction in the father's name. This Court vide order dated 22nd February, 2023 directed to release the applicant on bail in Criminal Application (BA) No. 74 of 2023 on various conditions. One of the conditions is/was that, the applicant shall furnish affidavit of two close relatives taking his responsibility of attending the trial on each and every date. Accordingly, the applicant approached the Special Court. 3.

The two relatives namely Sanjay S/o Dharamvir and Sunita W/o Surajpal had filed affidavit in terms of aforesaid conditions. They claimed themselves to be close relatives of the applicant. Special Judge, however, found that the fathers name of Suraj is Dharamsingh

2 908-Cri.APPP 510.2023 whereas father's name of the Sanjay - the brother of the applicant is Dharamvir. Thus, there being difference in father's name, the Special Judge refused to treat them as close relatives.

4.

The Investigating Officer is present before the Court. Learned A.P.P., on instructions, submits that name of father of applicant is Dharamsingh @ Dharamvir. 5.

In view thereof, the two persons namely Sanjay S/o Dharamvir and Sunita W/o Surajpal may be treated as close relatives of the applicant. The Special Judge shall take note of above and proceed further in terms of order dated 22nd February, 2023.

6.

The Application is disposed of in above terms. 7.

Parties to act on steno copy of this order.

(ANIL L. PANSARE, J.) Kirtak.

BHIMRAO JANARDHAN 19:29