Ashish S/O. Haribhau Wakodikar (In Jail) v. State Of Maharashtra Thr. Police Station Officer P.S. Nandgaonpeth Amravati

1 ba378.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (BA) NO. 378 OF 2017 (ASHISH HARIBHAU WAKODIKAR...VS.. STATE OF MAH. THR. P.S.O. NANDGAONPETH, AMRAVATI) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.M.Patwardhan, Advocate for Applicant.

Shri S.P.Deshpande, A.P.P. for Non-applicant. CORAM : Z.A.HAQ, J.

DATED : JUNE 22, 2017.

Heard.

The applicant is arrested on 4th June, 2016 in crime registered against him for the offences punishable under Sections 302 and 201 of the Indian Penal Code on the accusations that he assaulted deceased, who was also working in the same company, by rafter and because of the injuries suffered, the victim succumbed. According to the Investigating Agency, the accused then burnt the body of deceased at a distance of about 150 meters from the spot where the incident took place. The Investigating Agency relies on the statement of the complainant who is stated to be an eyewitness of the incident of the assault.

The applicant claims that he had been working as Painter in the company and was residing along with the deceased in the quarter allotted by the company. The applicant has stated that he is not involved in any other crime/ offence. The investigation is complete and chargesheet is filed. The identification of the burnt body found by

2 ba378.17 the Investigating Agency is not yet made as according to the Investigating Agency none of the relatives of the deceased are available to have conclusive DNA test report. Considering the facts of the case, following order is passed :

The applicant having been arrested in Crime No. 181/2016, registered by the non-applicant, he be released on bail on executing P.R. Bond for Rs.Fifty Thousand and furnishing two solvent sureties in the amount of Rs.Twenty Five Thousand each.

The applicant shall regularly attend the trial before the Sessions Court unless granted exemption by the Sessions Court.

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