Shivdas Gautam Gondane (In Jail) v. The State Of Maharashtra Thr. Police Station Officer, Police Station Gadge Nagar Amravati

ba488.18.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (B A ) NO.

OF 2018 (Shivdas Gautam Gondane Vs. The State of Maharashtra thr. PSO PS Gadge Nagar, Amravati) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri A.A. Naik, Advocate for Applicant.

Shri , Advocate/APP for Respondent No.1.

CORAM: ROHIT B. DEO , J.

DATE: 1 3 th JUNE , 201 8 .

The applicant, who is arrested on 23.03.2018 is facing prosecution for offence punishable under sections 302, 201, 212, 120-B read with section 34 of the Indian Penal Code.

The case of the prosecution appears to be that a practicing Advocate one Sunil Gajbhiye murdered his Clerk one Shital Patil between 13.03.2018 and 14.03.2018. The role attributed to the present applicant is that on 17.03.2018 he transferred an amount of Rs.4,00,000/- in the account of the wife of the said Advocate. It is not in dispute that the investigation is complete. The reply on affidavit states that the charge-sheet shall be filed on or before 16.06.2018.

At this stage, there does not appear to be any material to connect the applicant with the crime except the transfer of money in the account of the wife of the

ba488.18.O.odt 2 Advocate. The submission of the learned counsel Shri Akshay Naik is that the said Advocate was representing the applicant in a matrimonial litigation. Be that as it may, the material relied on by the applicant is too fragile to warrant the continued incarceration of the applicant. The application is allowed.

The applicant be released on furnishing personal bond of Rs.15,000/- with a solvent surety of the like amount.

The applicant shall not tamper with the evidence nor shall applicant directly or indirectly attempt to influence the witnesses in any manner.

The application is disposed of accordingly.

JUDGE NSN