Saurabh Vinod Shrikhande v. The State Of Maharashtra, Thr. P.S.O. P.S. Chandur Bazar, Amravati

1 ba450.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.450/2017 Saurabh Vinod Shrikhande ..Vs..

The State of Maharashtra, through Police Station Officer, Police Station Chandur Bazar, Distt. Amravati - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.A. Naik,, Adv. for the applicant.

Shri N.R. Patil, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 1.7.2017.

Heard.

The applicant is arrested on 23rd December, 2016 in connection with crime registered against him by the non-applicant initially for offence punishable under Section 326 of the Indian Penal Code and subsequently because of death of victim converted to offence punishable under Section 302 of the Indian Penal Code. The facts on record show that the applicant and victim had been friends and when the applicant and victim, alongwith their friends, had gone to Bhaktidham Mandir, in a scuffle between applicant and victim the applicant assaulted the victim by a knife having 3 inch blade and gave two blows, one on abdomen and one on chest on the right side, which proved to be fatal. The applicant, aged about 19 years, claims to be a student of engineering course and will be seeking admission in 4th semester in college at Amravati. The

2 ba450.17 applicant has stated that he is not involved in any other crime / offence. The applicant has placed on record the copies of mark-sheets of 1st, 2nd and 3rd semester to support his contention that his performance at the examinations is good.

The charge-sheet is filed on 7th March, 2017. The non-applicant has not been able to show that further custody of the applicant is required for investigation. In the facts of the case, following order is passed:

The applicant having been arrested in Crime No.495/2016 registered by the non-applicant, he be released on bail on executing P.R. bond for Rs.50,000/- (Rs. Fifty Thousand) and furnishing two solvent sureties in the like amount.

The applicant shall surrender his passport to the Investigating Officer.

If the applicant is not having passport in his name, the applicant shall file an affidavit to that effect within one week.

The applicant shall inform about the pendency of prosecution to the passport authority in case he applies for passport.

The applicant shall not enter Chandur Bazar town till the prosecution is concludes.

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