Bombay High CourtBA/392/2017allowed

Pritam S/O. Suresh Gaikwad (In Jail) v. The State Of Maharashtra Thr. Police Station Officer, Police Station Kamptee, Nagpur

2017-06-23Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba392.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (BA) NO. 392 OF 2017 (PRITAM SURESH GAIKWAD...VS.. STATE OF MAH. THR. P.S.O. 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, Advocate for Applicant.

Shri Neeraj Patil, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : JUNE 23, 2017.

Heard.

The applicant is arrested on 3rd November, 2016 in crime registered against him and co-accused (brother of deceased) for the offences punishable under Sections 302 and 201 of the Indian Penal Code.

The first information report is registered on 28th October, 2016 when information was received by the police that a dead body was floating in nullah situated in Gorpad shivar.

The case of the Investigating Agency is based on circumstantial evidence. There is no eyewitness. The investigation is complete and charge-sheet is filed on 31st January, 2017. The non-applicant has not been able to point out that the custody of the applicant is required for further investigation.

Hence, the following order :

2 ba392.17 The applicant having been arrested in Crime No.931/2016, registered by the non-applicant, he be released on bail on executing P.R. Bond for Rs.Twenty Five 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 RRaut..