Shankar Sanjay Pande (In Jail) v. State Of Maharashtra Thr. Police Station Officer, Police Station Pusad Gramin Dist. Yavatmal

1 ba333.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.333/2017 Shankar Sanjay Pande ..Vs..

State of Maharashtra, through Police Station Officer, Police Station, Pusad, Gramin, Tah. Pusad, 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 A.M. Kukday, Adv. for the applicant.

Shri T.A. Mirza, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 19.6.2017.

Heard.

The applicant, aged about 19 years, is arrested in crime registered against him and another accused Gajanan for the offence punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code. According to the investigating agency, co-accused Gajanan suspected that his wife and deceased Mahadeo were having illicit relations and, therefore, Mahadeo is murdered. The case of the investigating agency is based on circumstantial evidence and on the statements of witnesses to the effect that co-accused Gajanan and the applicants were seen alognwith deceased Mahadeo for the last time. Co-accused Gajanan is absconding.

The charge-sheet against the applicant is filed on 7th January, 2017. The investigating agency has not been able to show that the custody of applicant is

2 ba333.17 required for further investigation. The applicant has stated that he is not involved in any other crime / offence and this fact is not controverted by the non-applicant.

Considering the facts of the case, in my view, the applicant is entitled to be released on bail. The applicant having been arrested in Crime No.264/16 registered by the non-applicant, he be released on bail on executing P.R. bond for Rs.50,000/- (Rs. Fifty Thousand) and on furnishing two solvent sureties in the like amount.

The applicant shall attend the trial on every date unless granted exemption by the Sessions Court. The application is allowed in the above terms. JUDGE Tambaskar.