Manoj S/O Dyneshwar There (In Jail) v. The State Of Maharashtra, Thr. P.S.O. P.S. Bhadrawati, Chandrapur

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO. 498 OF 2016 (Manoj Dyaneshwar There 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 R. M. Daga, Advocate for the applicant.

Smt. M. H. Deshmukh, A.P.P. for the State.

CORAM : S. B. SHUKRE, J.

DATED : 15 JULY, 2016 Heard learned Counsel for the applicant and the learned A.P.P. for the State.

This application has been opposed by the learned A.P.P. contending that there is a confessional statement given by this applicant to the police. However, having regard to the law settled by the Hon'ble Apex Court way back in the year 1966 in the case of Aghnoo Nagesia Vs. State of Bihar - AIR 1966 SC 119, which has been also followed by the learned Single Judge of this Court while granting bail to the applicant in Criminal Application (BA) No. 117 of 2015 (Kailash Baban Dhatkar Vs. The State of Maharashtra), I am of the view that the confessional statement to the police officer, insofar as it contains an inculpatory part, cannot be considered as going against the applicant, although it's exculpatory part can be considered under Section 8 of the Indian Evidence Act. So, it would

2/3 have to be examined as to whether or not there are any circumstances in addition to the conduct of the applicant to prima facie indicate his involvement in the offence. At this stage, learned A.P.P. for the State could not show to me any such other circumstances incriminating the applicant. She submits that at the time of her death, the wife of the applicant was discovered to be carrying pregnancy. This fact has not been disputed. But, this fact, by itself, would not be sufficient to deny the relief of bail to the present applicant. Then, there is no possibility of the applicant thwarting the course of justice as the applicant himself went to the police station and lodged the report. In the circumstances, I am inclined to grant this application.

The application is allowed and it is directed that the applicant be released on bail on his furnishing a P. R. Bond in the sum of Rs.25,000/- with one solvent surety in the like amount on the conditions that the applicant shall regularly attend the Court on the dates fixed in the matter, shall cooperate with the Court for expeditious trial and shall not tamper with the prosecution witnesses. JUDGE wwl

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Uploaded on : 18/7/2016