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Bombay High CourtABA/210/2016allowed

Santosh S/O Rampratap Maheshwari v. The State Of Maharashtra, Thr. P.S.O. P.S. Rajura, Chandrapur

2016-04-21Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba210.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (ABA) NO.210 OF 2016 (Santosh s/o Rampratap Maheshwari ..vs.. The State of Maharashtra, through PSO, PS Rajura, District Chandrapur) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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.

DATED : 21 -0 4 -2016 Heard Shri R.M. Daga, Advocate for the applicant and Shri N.B. Jawade, Additional Public Prosecutor for the non-applicant.

2.

The applicant is apprehending arrest in crime registered against him for offences punishable under Sections 147, 148, 149 and 307 of the Indian Penal Code read with Sections 4 and 25 of the Indian Arms Act, on the accusations that he instigated the co-accused to assault the victims. The applicant is a businessman and is not involved in any crime earlier. According to the prosecution, the incident has occurred because of business rivalry between the applicant and complainant's brother.

3.

The non-applicant has not been able to show that custody of the applicant is required for further investigation.

2 aba210.16 Considering the nature of accusations, facts on record and the nature of injuries suffered by the victims, in my view, the interim order granted on 05-04-2016 is required to be confirmed.

4.

Hence, the following order.

i) In the event of arrest in Crime No.125/2016 registered by the non-applicant, the applicant be released on bail, on furnishing P.R. Bond for Rs.20,000/- and one solvent surety in the like amount.

ii) The applicant shall attend the Police Station Rajura, District Chandrapur on every Monday till the charge-sheet is filed.

iii) The application is allowed in the above terms. JUDGE pma