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Bombay High CourtBA/307/2016allowed

Avinash @ Aniket S/O Shyamrao Borkar (In Jail) v. State Of Maharashtra, Thr. Range Forest Officer, Bhandara

2016-05-06Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba307.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.307/2016 Shri Avinash @ Aniket s/o Shamrao Borkar ..Versus..

State of Maharashtra, through the Range Forest Officer, Adyal, Distt. Bhandara - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------- 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.

DATE : 6.5.2016 Heard Shri S.A. Dutonde, advocate for the applicant and Shri A.D. Sonak, A.P.P. for the non-applicant. The applicant is arrested on 28th January, 2016 in crime registered against him for the offences punishable under Sections 9, 39, 51 and 52 of the Wild Life (Protection) Act, 1972 read with Section 201 of the Indian Penal Code on the accusations that the applicant is responsible for killing two sloth bear. According to the prosecution, the applicant used live electric current flowing wires to protect agricultural field from animals and because of it two sloth bear got burnt.

The investigation is complete. The charge-sheet is filed. The non-applicant has not been able to show that the custody of applicant is required for further investigation. In my view, the

2 ba307.16 applicant is entitled to be released on bail. Hence, the following order:

(i) The applicant having been arrested in P.O.R. No.64/25/2016 registered by the non-applicant, he be released on bail on furnishing P.R. bond for Rs.25,000/- (Rs. Twenty Five Thousand Only) and one solvent surety in the like amount. (ii) The application is allowed in the above terms. JUDGE Tambaskar.