Shriram S/O Kajdhan Gawande (In Jail) v. State Of Mah.Thro.P.S.O. , P.S. Civil Line Akola Tq And District Akola.

1 LDVC BA 652.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR L.D.V.C. CRIMINAL APPLICATION (BA) NO. 652 OF 2020 Shriram s/o Kajdhan Gawande ..vs..

State of Maharashtra thr. P.S.O.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.S. Londhe, Advocate for applicant.

Ms. G.R. Tiwari, A.P.P. for State CORAM : VINAY JOSHI, J.

DATED : 23/07/2020 Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

2.

The applicant-accused is seeking interim bail purely on account of Pandemic COVID-19 situation. It is submitted that the main bail application is pending, however, as the applicant was found to be Corona positive, considering his advance age he be released on temporary bail. The applicant has also filed some documents alongwith the Pursis to support his contentions. As against this learned A.P.P. strongly resisted to release the applicant on temporary bail. Though it is admitted that the applicant was found to be corona positive, however the detailed reply is filed. It is contended that proper care and treatment is given to accused in jail.

3.

The Medical Officer has given full treatment and at present applicant is recovered, and now, he is in quarantine ward. The State has also attracted my attention to the gravity of offence. It reveals that the applicant was

2 LDVC BA 652.2020 involved in the offence punishable under Section 302 of the Indian Penal Code wherein the incident is as such that the applicant and his companion went in the office of Charity Commissioner and had a deadly assault on the deceased. Due to said deadly attack victim died. 4.

Having regard to all these circumstances, I do not find any propriety to release the applicant on temporary bail. The jail authorities are directed to take all precaution of health of the applicant as and when required. 5.

Application stands disposed of accordingly.

6.

This order be communicated to the Counsel appearing for the parties, either on the email address or on WhastApp or by such other mode, as is permissible in law. JUDGE Trupti by Rakesh Dhuriya Date:

2020.07.24 14:49:58 +0530 Rakesh Dhuriya