Abdul Ajij S/O Abdul Wahid (In Jail) v. The State Of Maharashtra, Thr. P.S.O. P.S. Badnera, Amravati

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [BA] No.497 of 2016 (Abdul Ajit s/o Abdul Wahid vs.

State of Maharashtra, through its P.S.O. Badnera, District Amravati) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri R.M. Daga, Advocate for the Applicant.

Mrs. Mayuri Deshmukh, A.P.P. for the Non-Applicant/State.

CORAM

: S.B. SHUKRE, J.

DATE : 5 th JULY, 2016.

Heard the learned Counsel of the applicant and the learned A.P.P. for the State.

The learned A.P.P. has opposed this application. Upon consideration of the facts and circumstances of this case, particularly the fact that in the first dying declaration dated 31/12/2015, which appears to have been recorded within four to five hours of the incident, the deceased has not blamed the applicant and has blamed it on the accidental blasting of the stove and also the fact that this applicant admittedly tried to extinguish the fire of the deceased, in which attempt he suffered burn injuries too, I am of the view that the applicant would be entitled to be released on bail. This is also for the reason that now the custodial interrogation of the applicant is no longer required. So, the following order is passed.

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1. The application is allowed.

2. It is directed that the applicant be released on bail on his furnishing P.R. Bond in the sum of Rs.20,000/- together with one solvent surety in the like sum on the conditions that the applicant shall attend the police station as and when required and shall not tamper with the prosecution witnesses.

3. The application is disposed of as such.

JUDGE *sdw