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Bombay High CourtBA/489/2016allowed

Uttam S/O Baneshwar Bagh (In Jail) v. State Of Maharashtra, Thr. P.S.O. P.S. Lakadganj, Nagpur

2016-07-25Hon'Ble Shri Justice Sunil B. Shukre3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.489 OF 2016 (Uttam Baneshwar Bagh Vs.The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. D. Khati, Advocate for the applicant. Smt. M.H. Deshmukh, A.P.P. for the State.

CORAM : S. B. SHUKRE, J.

DATED : 25 JULY, 2016 Heard.

It is seen from the record that nothing has been recovered from this applicant. All the incriminating articles have been seized from the possession of the main accused Aditya Chouhan. The role allegedly played by this applicant is restricted to only melting of the gold chain and then handing it over back to the accused. No allegations are made against this applicant that he was involved in commission of the offence of robbery. The charge-sheet has been filed and, therefore, no purpose would be served by keeping this applicant behind the bar. Learned A.P.P. for the State submits that another similar case has been registered against this applicant previously.

It may be true, but, considering the fact that

there is no material in this case showing that this applicant was also involved in commission of the serious offence of robbery, I do not think that pendency of a case against this applicant would come in the way of this applicant for being released on bail. Hence, the order. The application is allowed and it is directed that the applicant be released on bail on his executing a P. R. Bond in the sum of Rs.25,000/- together with one solvent surety in the like amount on the conditions that the applicant shall regularly attend the dates fixed by the Court, shall cooperate with the Court in expeditious disposal of the case and shall not do any such thing as to get himself involved in commission of a crime. The application is disposed of accordingly.

JUDGE wwl

CERTIFICATE "I certify that this order uploaded is a true and correct copy of original signed order."

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