Pandurang S/O. Govinda Chute (In Jail) v. The State Of Maharashtra Thr. Police Station Officer Palandur, Tah. Lakhani Dist. Bhandara

1 ba486.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (BA) NO. 486 OF 2017 (PANDURANG GOVINDA CHUTE...VS.. STATE OF MAH. THR. P.S.O. PALANDUR, DIST. BHANDARA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.V.Muley, Advocate for Applicant.

Shri A.D. Sonak, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : JUNE 09, 2017.

Heard.

The applicant is arrested on 2nd September, 2016 in crime registered against him and his wife for the offences punishable under Sections 302 and 109 read with Section 34 of the Indian Penal Code.

According to the Investigating Agency, the applicant and deceased had been neighbours and for some petty reasons there was a quarrel between them and the applicant gave a blow by stick/ balli on the head of the deceased which proved to be fatal.

The investigation is complete and chargesheet is filed on 30th November, 2016.

From the reply filed by the Investigating Agency before the Sessions Court, a copy of which is placed on record along with this application, it is clear that the non-applicant has not been able to point out that custody of the applicant is required for further investigation. The applicant claims to be a cultivator and is not involved in any other crime/ offence earlier.

2 ba486.17 Considering the facts of the case, I am of the view that the applicant is entitled to be released on bail. Hence, the following order :

The applicant, having been arrested in Crime No. 23 of 2016, registered by the non-applicant, he be released on bail on furnishing P.R. Bond in the sum of Rs.Fifty Thousand with two solvent sureties in the like amount. The applicant shall attend the trial on every date unless granted exemption by the Sessions Court. The application is allowed in the above terms. CRI.APPLN.(APPP) NOS.883/17 & 884/17.

In view of disposal of the bail application, the applications praying for dispensing with affidavit and certified copy do not survive, hence, both the criminal applications are disposed of.

JUDGE RRaut..