Bombay High CourtBA/385/2016allowed

Abhijeet S/O Laxman Waghmare And Another (In Jail) v. State Of Maharashtra, Thr. P.S.O. Mul, Chandrapur

2016-05-06Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba385.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.385/2016 Abhijeet S/o Laxman Waghmare and another ..Versus..

State of Maharashtra, through, P.S.O., Mul, Distt. Chandrapur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------- 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 : 6.5.2016 Heard Shri S. Wahane, advocate for the applicants and Shri S.B. Bissa, A.P.P. for the non-applicant.

The applicants are arrested on 16th April, 2016 in crime registered against them for the offence punishable under Sections 307, 353 and 34 of the Indian Penal Code and Section 65(e), 83 of the Maharashtra Prohibition Act, Section 185 and 184 of the Motor Vehicles Act.

The application is opposed on the ground that the original documents of the car involved in the crime are not yet seized and for that custody of applicants is required.

Considering the nature of accusations against the applicants and the facts on the record, in my view, the applicants are entitled

2 ba385.16 to be released on bail. The recovery of original documents of the car involved in the crime cannot have any adverse effect on the investigation inasmuch as the documents to prove the ownership over the car can be obtained from the Regional Transport Officer. Hence, the following order:

(i) The applicants having been arrested in Crime No.212/2016 registered by the non-applicant, they be released on bail on furnishing P.R. bond for Rs.20,000/- (Rs. Twenty Thousand Only) each and one one solvent surety in the like amount for each of the applicant.

(ii) The application is allowed in the above terms. CRIMINAL APPLICATION (APPP) NO.603/2016.

In view of disposal of main application, this application does not survive and is disposed accordingly.

JUDGE Tambaskar.