Bombay High CourtBA/449/2017allowed

Harish S/O Rajendra Pande (In Jail) v. State Of Maharashtra, Thr. P.S.O. P.S. Tumsar, Bhandara

2017-07-17Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba449.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.449/2017 Harish S/o Rajendra Pande ..Vs..

State of Maharashtra, through Police Station Officer, P.S., Tumsar, Distt. Buldhana - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.B Borkar, Adv. for the applicant.

Shri S.P. Deshpande, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 17.7.2017.

Heard.

The applicant is arrested on 22nd October, 2016 in connection with Crime No.119/2016 registered against 4 accused (including the applicant) for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The learned Advocate for the applicant has submitted that 7 witnesses have specifically stated that the presence of applicant was not noticed at the time of incident. It is submitted that the applicant, aged about 19 years, is working as a labourer and is not involved in any other crime / offence.

The investigation is complete and

2 ba449.17 charge-sheet is filed on 28th December, 2016. The non-applicant has not been able to point out that further custody of applicant is required for investigation. In the facts of the case, the following order is passed:

The applicant having been arrested in connection with Crime No.119/2016 registered by the non-applicant, he be released on bail on executing P.R. bond for Rs.25,000/- (Rs. Twenty Five Thousand) and furnishing 2 solvent sureties in the like amount. The applicant shall attend the trial before the Sessions Court regularly on every date unless granted exemption by the Sessions Court.

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