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Bombay High CourtBA/387/2016allowed

Narendra S/O Babanrao Kalsait v. State Of Maharashtra, Thr. P.S.O. P.S. Risod, Washim

2016-09-06Hon'Ble Shri Justice Sunil B. Shukre3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [BA] No.387 of 2016 (Narendra s/o Babanrao Kalsait vs.

State of Maharashtra, through P.S.O. Malegaon, District Washim) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri S.D. Chande, Advocate for the Applicant. Shri A.M. Deshpande, A.P.P. for the Non-Applicant/State.

CORAM

: S.B. SHUKRE, J.

DATE : 6 th SEPTEMBER, 2016.

Heard the learned Counsel for the applicant and the learned A.P.P. for the State.

This application has been opposed by the learned A.P.P. on the ground that there is a possibility of the applicant pressurising the prosecution witnesses. However, I am of the view that this case being out of a marital discord between the applicant and the deceased wife leading to commission of suicide by the wife of the applicant and consequently registration of offence punishable under Section 498-A, 304-B, 306, 323 and 504 read with Section 34 of the Indian Penal Code, the possibility of influencing the prosecution witnesses appears to be ruled out as the main prosecution witnesses are from the side of the deceased-wife of the applicant and they are residents of different villages. The applicant is in jail since

2/3 01/08/2015 and the stage of recording of evidence has still not arrived so far.

Considering all these facts and circumstances, I am of the view that the applicant deserves to be released on bail. Hence, the order.

The application is allowed.

It is directed that the applicant be released on bail on his furnishing a P.B. Bond in the sum of Rs.20,000/- together with one solvent surety in the like sum on the conditions that he shall regularly attend the Court proceedings on the dates fixed in the matter, shall cooperate with the trial Court in expeditious disposal of the case against him and shall not, directly or indirectly, try to influence the prosecution witnesses in any manner.

The application is disposed of in above terms. JUDGE *sdw

3/3 C E R T I F I C A T E I certify that this order uploaded is a true and correct copy of the original signed order.

Uploaded by: S.D. Waghmare Uploaded on : 07/09/2016 P.A. to the Hon'ble Judge.