Suresh S/O Gorelal Chaugal v. The State Of Maharashtra, Thr. Pso, Dharni Police Station, Dharni, Dist. Amravati

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.217 OF 2023 Suresh s/o Gorelal Chaugal Vs. State of Maharashtra __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri D.S. Khushalani, Advocate for applicant. Shri S.S. Doifode, APP for non-applicant/State. CORAM : ANIL L. PANSARE, J.

DATE : MAY 02, 2023.

Heard.

2.

The learned APP submits that pursuant to order dated 25.04.2023 the applicant has attended the police station. The motorcycle, which is allegedly used in the crime, has been seized. Thus, nothing is to be recovered at the instance of or from the applicant.

3.

The accusation against the applicant is that he has obstructed the forest guard from discharging his duty. Further accusation is that the applicant has assaulted the forest guard by means of stone, which is already recovered. The co-accused has been released on bail. The maximum punishment for the alleged offences is below seven years. 4.

When enquired, learned counsel for the applicant submits that the applicant has no criminal antecedents. In view of above and considering the fact that nothing is to be

recovered at the instance of the applicant and further considering the previous orders, the applicant is entitled for the bail.

5.

Hence, the following order:

ORDER

(i) The application is allowed.

(ii) In the event of arrest in Crime No.133/2013 registered with Police Station, Dharni, District Amravati for the offence punishable under Sections 353, 332, 504,506 read with Section 34 of the Indian Penal Code, 1860, applicant - Suresh s/o Gorelal Chaugal, be released on bail on he furnishing P.R. Bond in the sum of 25,000/- with one surety in the like amount.

₹ (iii) The applicant shall attend Police Station, Dharni, District Amravati on 06.05.2023 between 4.00 pm to 6.00 pm; and thereafter, as and when directed by the investigating officer, till filing of the charge-sheet and shall cooperate in the investigation. After filing of the charge-sheet, the applicant shall regularly attend the Court and cooperate the learned trial Court to complete the trial for the above offences. The applicant shall not seek adjournments, except under extreme circumstances to the satisfaction of the trial Court.

(iv) The applicant shall, at the time of execution of bond, furnish his address and telephone/mobile

number(s) to the Investigating Officer and to the Court concerned and shall not change the same till the final disposal of the case.

(v) The applicant shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or any Police Officer.

(vi) The applicant shall not obstruct or hamper the police investigation and shall not play mischief with the evidence collected or yet to be collected by the Police. (viii) The applicant shall maintain law and order.

(ix) In case of breach of any conditions, the learned trial court is at liberty to cancel the bail after giving opportunity of hearing to both the sides.

The application is disposed of.

(Anil L. Pansare, J.) Wagh