Mangesh Yuvraj Meshram (In Jail) v. The State Of Maharashtra Thr. P.S.O. P.S. Butibori Dist. Nagpur

1 ba477.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 477 OF 2017 (MANGESH YUVRAJ MESHRAM...VS.. STATE OF MAH. THR. P.S.O. PS BUTIBORI, DIST.NAGPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M. N. Ali, Advocate for Applicant.

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

DATED : 4 th JULY, 2017.

The applicant is arrested on 17th November, 2016 in connection with crime registered against him and others for the offences punishable under Sections 394, 120-B and 397 of the Indian Penal Code.

The crime is registered on the complaint lodged by Hemraj Rameshlal Daulatani that when he was returning to his home alongwith his employee Harshal Gawli on motorcycle, three persons came on motorcycle, threw chilly powder on the face of complainant and his employee Harshal and then started causing injuries by a knife and attempted to take away bag which contained cash.

According to the complainant, he started shouting and running towards his house, his family members came to rescue him and the assailants ran away. The incident has occurred on 24th October, 2016 and is reported on the same day, however, the applicant is arrested after about 3 weeks. The learned advocate for the applicant has

2 ba477.17 submitted that name of the applicant is not reflected in the First Information Report, test identification parade is not conducted and nothing is seized from the applicant. The applicant, aged about 21 years, claims to be a student and has stated that he is not involved in any other crime/offence. Coaccused Sumit is released on bail as per the order passed by this Court in Criminal Application (BA) No.343 of 2017. The investigation is complete and charge-sheet is filed on 14th February, 2017. The non-applicant has not been able to point out that the custody of the applicant is required for further investigation.

In the facts of the case, following order is passed: The applicant having been arrested in connection with Crime No.780 of 2016 registered by the non-applicant, he be released on bail on executing P. R. Bond of Rs.20,000/- and furnishing one solvent surety in the like amount. The application is allowed in the above terms. JUDGE PBP