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Bombay High CourtBA/334/2019allowed

Mahesh Baliram Mandle v. State Of Mah, Thr P.So. Kotwali, Nagpur

2019-05-02Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

1 ba 334.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Criminal Application (BA) No. 334 of 2019 (Mahesh Baliram Mandle Vs. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M. N. Ali, Advocate for the applicant Shri H. D. Dubey, APP for the State/non-applicant CORAM : M. G. GIRATKAR, J.

DATED : 02/05/2019 Heard learned Advocate Shri M. N. Ali for the applicant.

2.

Shri Dubey, learned Additional Public Prosecutor for the State/non-applicant has filed reply. Same is taken on record. 3.

Shri Dubey, learned Additional Public Prosecutor for the State/non-applicant has strongly objected the present application.

4.

Perused the report. As per report, the applicant has not played any role in the commission of crime. The main allegations are against Deepak @ Munna Balakdas Gile. Nothing is stated in the report against the applicant.

5.

Learned Additional Public Prosecutor has submitted that applicant has caught hold hands of deceased at the time of incident, but nothing is stated in the report. 6.

Learned Additional Public Prosecutor has also submitted that the complainant has submitted in his statement that the present applicant caught hold the hands of the deceased but from the report, it is clear that he has not stated anything

2 ba 334.19.odt against the present applicant. He has stated that Deepak @ Munna Balakdas Gile taken out knife and stabbed the deceased and ran away. Except that, nothing more is stated. Hence the following order.

(i) Criminal Application is allowed.

(ii) The applicant be released on bail on his executing a P.R. Bond in the sum of Rs.25,000/- with one solvent surety of the like amount.

(iii) The applicant shall not tamper with the evidence of prosecution witnesses.

(iv) The applicant shall attend the trial Court regularly i.e. on each and every date.

(v) The applicant shall not leave the jurisdiction of trial Court without prior permission.

JUDGE SMG