Shaikh Raju S/O. Shaikh Mustafa (In Jail) v. State Of Maharashtra Thr. Incharge Ramdaspeth Police Station Akola Dist. Akola

1 ba489.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (BA) NO. 489 OF 2017 (SHAIKH RAJU SHAIKH MUSTAFA...VS.. STATE OF MAH. THR. P.S.O. PS RAMDASPETH, AKOLA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.J.Mirza, Advocate for Applicant.

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

DATED : JUNE 08, 2017.

Heard.

The applicant is arrested on 23rd September, 2016 in crime registered against him for the offences punishable under Sections 302, 452 and 459 of the Indian Penal Code on the accusations that he has assaulted the victim by a wooden stick which resulted in death of the victim. The applicant is aged about 23 years and claims to be a truck driver. From the record (Page 64 of the paper book) it is revealed that there are no criminal antecedents of the applicant. The chargesheet is filed on 17th November, 2016.

Considering the facts of the case and as the nonapplicant has not been able to show that custody of the applicant is required for further investigation, in my view, the applicant is entitled to be released on bail, however, on the conditions as imposed by this order.

The applicant having been arrested in Crime No. 255 of 2016, registered by the non-applicant, he be released

2 ba489.17 on bail on furnishing P.R. Bond in the sum of Rs.Twenty Five Thousand with two solvent sureties in the like amount. As the applicant is residing in the neighbourhood of the complainant, it is directed that the applicant shall neither reside in nor enter the area of Iqbal Colony, Mohta Mills, Akola till conclusion of the trial.

The applicant shall give the details of the place where he will be residing to the Investigating Officer with two weeks.

The applicant shall attend the proceedings of the trial before the Sessions Court regularly unless granted exemption by the Sessions Court.

The application is allowed in the above terms. JUDGE RRaut..