Jitendra S/O. Santosh Sahu (In Jail) v. The State Of Maharashtra Thr. Police Station Officer, Police Station Kamptee Dist. Nagpur

1 BA373.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.

/2017 Jitendra S/o Santosh Sahu ..Vs..

The State of Maharashtra, through P.S.O., P.S. Kamptee, Tq. Kamptee, Distt. Nagpur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.R. Agrawal, Adv. for the applicant.

Shri A.D. Sonak, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 12.7.2017.

Heard.

The applicant is arrested on 3rd November, 2016 in connection with crime registered against him and co-accused Pritam for the offence punishable under Sections 302 and 201 of the Indian Penal Code. Initially, the F.I.R. came to be registered against unknown person on 28th October, 2016 when a dead body was found floating in nullah situated in Ghorpad shivar. According to the investigating agency, the applicant used to quarrel with deceased (real brother of the applicant) over right in the shop and because of the dispute between the applicant and deceased, the applicant has committed the crime with the help of co-accused Pritam.

2 BA373.17 The case of the investigating agency is based on circumstantial evidence. The investigation is complete and charge-sheet is filed on 31st January, 2017. The co-accused Pritam is released on bail as per the order passed by this Court on Criminal Application (BA) No.392/2017 on 23rd June, 2017. The non-applicant has not been able to point out that further custody of applicant is required for investigation.

In the facts, the following order is passed:

The applicant having been arrested in connection with Crime No.931/2016 registered by the non-applicant, he be released on bail on executing P.R. bond for Rs.20,000/- (Rs. Twenty Thousand) and furnishing three solvent sureties in the like amount. The applicant shall attend the trial before the Sessions Court on every date unless granted exemption by the Sessions Court.

The application is allowed in the above terms. JUDGE Tambaskar.