Umesh S/O Suresh Thakre v. State Of Maharashtra, Thrukogh Pso Wardha City, Wardha

ba236.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.236 OF 2016 Umesh s/o Suresh Thakre ..vs..

State of Mah., thr PSO Wardha City, District Wardha ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri A.M. Jaltare, Advocate for the applicant. Shri N.S. Khubalkar, Addl.P.P. for the non-applicant/State.

CORAM

: Z.A. HAQ, J.

DATED : APRIL 29, 2016.

Heard Shri A.M. Jaltare, Advocate for the applicant and Shri N.S. Khubalkar, Additional Public Prosecutor for the non-applicant/State.

The applicant is arrested on 30.9.2015 in crime registered against six persons (including the applicant) for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code. The application is opposed on the ground that though the name of the applicant is not found in the First Information Report, the informant had stated that along with Mangesh Kokate, Mohan Kalase and Avinash Masram, two persons also chased the deceased and assaulted the deceased. It is submitted that on further investigation, it is found that the applicant is .....2/-

ba236.16 one of those two persons whose names are not mentioned in the First Information Report. The learned Additional Public Prosecutor has stated that the applicant is identified by witnesses Jayesh Chauhan and Ishwar Dhanorkar in the test identification parade. The charge-sheet is filed on 21.12.2015. The investigation is complete. The non-applicant has not been able to show that the custody of the applicant is required for further investigation.

Considering the facts on record, in my view, the applicant is entitled to be released on bail. Hence, the following order:- The applicant having been arrested in Crime No.453 of 2015 registered by the non-applicant, he be released on bail on furnishing P.R. Bond for Rs.25,000/- and two solvent sureties in the like amount.

The applicant shall attend the Sessions Trial regularly on every date, unless granted exemption by the Sessions Court.

The application is allowed in the above terms.

JUDGE !! BRW !!

...../-