Gajanand Marotrao Bavane v. The State Of Maharashtra, Thr. Pso Of Ps Lalkhed, Yawatmal

1 ba298.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (BA) NO.298 OF 2016 (Gajanand Marotrao Bavane ..vs.. The State of Maharashtra, through PSO, PS Lalkhed, District Yavatmal) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 : 13-05-2016 Heard Shri A.J. Mirza, Advocate for the applicant and Ms. P.D. Rane, Additional Public Prosecutor for the non-applicant.

2.

The applicant is arrested on 01-12-2015 in crime registered against him for offence punishable under Section 302 of the Indian Penal Code.

3.

The investigation is complete and charge-sheet is filed on 24-02-2016. The case of the prosecution is based on circumstantial evidence. The Investigating Officer has not explained as to why the tractor alleged to be owned by the applicant and said to have been used for excavating sand is not seized.

4.

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

2 ba298.16 Considering the facts on record, in my view, the applicant should be released on bail, however, on certain conditions.

5.

Hence, the following order :

i) The applicant shall file an affidavit before the Sessions Court undertaking that the applicant will not indulge in sand excavation unless he has the authorisation for it, according to law.

The applicant shall also give an undertaking in the affidavit that the tractor owned by the applicant shall not be used for transporting sand, even on hire basis.

ii) The applicant shall be released on bail, on furnishing P.R. Bond for Rs.50,000/- and one solvent surety in the like amount and the applicant shall file affidavit within three days of his release.

iii) The applicant shall attend the Sessions Court regularly on every date unless granted exemption by the Sessions Court.

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