Bombay High CourtABA/328/2017allowed

Nitin S/O. Anilrao Mirzapure v. State Of Maharashtra Thr. Police Station Officer Police Station Lohara Dist. Yavatmal

2017-07-04Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba328.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 328 OF 2017 (NITIN S/O ANILRAO MIRZAPUR...VS.. STATE OF MAH. THR. P.S.O. PS LOHARA, DISTT.YAVATMAL) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R. R. Vyas, Advocate for Applicant.

Shri S. P. Deshpande, A.P.P. for Non-applicant. CORAM : Z.A.HAQ, J.

DATED : 4 th JULY , 2017.

Heard.

Apprehending arrest in connection with crime initially registered for the offences punishable under Sections 448, 326, 147, 148, 149 of the Indian Penal Code and then offence punishable under Section 307 of the Indian Penal Code is added, the applicant seeks pre-arrest bail. The crime is registered on the complaint of Kamlesh Bharat Prajapati that he is assaulted by about 10 to 15 persons by wooden rod.

According to the Investigating Agency, the victim suffered grievous injuries and was required to be hospitalized for 4 days.

The complainant has not named the applicant when First Information Report is registered. The applicant claims to be an agriculturist and social activist and is an elected corporator.

2 aba328.17 The non-applicant has not been able to point out that the custody of the applicant is required for investigation. In the facts of the case, following order is passed : In the event of arrest in connection with crime registered vide First Information Report No.33 of 2017 by the non-applicant, the applicant be released on bail on executing P. R. Bond of Rs.25,000/-.

The application is allowed accordingly.

JUDGE PBP