Bombay High CourtABA/217/2017allowed

Nilesh @ Talar Bhanudas Koyare (In Jail) v. State Of Maharashtra Thr. Pso Ps Pandharkawda Dist. Yavatmal

2017-06-28Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba217.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.217/2017 Nilesh @ Telar Bhanudas Koyare ..Vs..

State of Maharashtra, through PSO Police Station Pandharkawda, Distt. Yavatmal - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.N. Ali, Adv. for the applicant.

Shri N.R. Patil, Adv. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 28.6.2017.

Heard.

The applicant, apprehending arrest in crime registered against him for the offence punishable under Sections 3/25 of the Arms Act, has sought pre-arrest bail. The crime is registered against the applicant and two others on the complaint that country made pistol and bullets are seized from co-accused Shubham and Deepak and according to the investigating agency, co-accused Shubham is brought to Pandharkawda by the present applicant and is accommodated in the room of Rahul in a hostel.

The application is opposed on the ground that the applicant is a habitual offender and earlier also Crime No.381/2014 for the offence punishable under Sections 320, 364, 147 and 149 of the Indian Penal Code

2 aba217.17 and Section 4/25 of the Arms Act has been registered against the applicant.

The learned Advocate for the applicant has pointed out that for the Crime No.381/2014, the applicant is prosecuted in Sessions Case No.95/2014 and is acquitted by the Sessions Court by the judgment passed on 16th August, 2016.

Considering the facts of the case and nature of accusations against the applicant, following order is passed:

In the event of arrest in Crime No.2/2017 registered by the non-applicant, the applicant be released on bail on furnishing cash security of Rs.25,000/- (Rs. Twenty Five Thousand) and one solvent surety in the like amount.

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