Bombay High CourtBA/336/2016allowed

Rajesh @ Bablu S/O Prakash Jais (In Jail) v. The State Of Maharashtra, Through P.S.O., Hudkeshwar, Nagpur

2016-05-13Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.336/2016 Rajesh @ Bablu s/o Prakash Jais ..Versus..

The State of Maharashtra, through Police Station Officer Hudkeshwar, Nagpur, Tah. and Distt. Nagpur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------- 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 : 13.5.2016 Heard Shri M.A. Sable, advocate for the applicant and Shri S. J. Kadu, A.P.P. for the non-applicant.

The applicant is arrested on 22nd March, 2016 in crime registered against him for the offence punishable under Section 370 and 34 of the Indian Penal Code and Sections 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act.

The applicant is Manger of a lodge. According to the prosecution, the applicant had taken Rs.1,000/- and made available two rooms in the lodge to the co-accused.

The application is opposed on the ground that the investigation is in progress and if the applicant is released on bail he may influence the witnesses.

2 ba336.16 However, on going through the reply filed by the Investigating Officer, I find that the non-applicant has not been able to show that the custody of applicant is required for further investigation.

Considering the nature of accusations against the applicant and the facts on the record, I am of the view, that the applicant is entitled to be released on bail.

Hence, the following order:

(i) The applicant having been arrested in Crime No.123/2016 registered by the non-applicant, he be released on bail on furnishing P.R. bond for Rs.20,000/- and one solvent surety in the like amount.

(ii) The application is allowed in the above terms accordingly. JUDGE Tambaskar.