Mangesh Nagpure (In Jail) v. The State Of Maharashtra Thr. Police Station Officer Police Station Pulgaon Tah. Deoli, Dist. Wardh

1 ba293.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.293/2017 Mangesh Chandrabhan Nagpure ..Vs..

The State of Maharashtra, through Police Station Officer, Police Station Pulgaon, Tah. 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.V. Sirpurkar, Adv. for the applicant.

Shri V.R. Thakre, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 15.6.2017.

Heard.

The applicant is arrested on 8th September, 2016 in crime registered against the applicant, his father and brothers for the offence punishable under Sections 143, 147, 148, 149, 307 and 302 of the Indian Penal Code on the accusations that the accused have committed murder of deceased Govind as the accused were agitated because Govind had lodged the complaint against the accused on which Crime No.1191/2016 is registered against these accused for the offence punishable under Sections 143, 147, 148, 149 and 324 of the Indian Penal Code. According to the investigating agency, the accused No.1 - Gajanan (brother of present applicant) had thrown chili powder in the eyes of deceased and assaulted him with weapon causing injuries which proved to be fatal.

2 ba293.17 The applicant claims to be an Agriculturist and has stated that he is not involved in any other crime / offence which facts are not controverted by the non-applicant. The investigation is complete and charge-sheet is filed on 30th November, 2016. The non-applicant has not been able to show that custody of applicant is required for further investigation. Considering the facts on record, I am of the view that the applicant is entitled to be released on bail. Hence, the following order:

The applicant having been arrested in Crime No.1218/2016 registered by the non-applicant, he be released on bail on furnishing P.R. bond for Rs.50,000/- (Rs. Fifty Thousand) and two solvent sureties in the like amount.

The applicant shall attend the trial before the Sessions Court on every date unless granted exemption by the Sessions Court.

The application is allowed in the above terms. JUDGE Tambaskar.