Bombay High CourtBA/492/2017allowed

Kanhaiyalal S/O. Hirabhai Thakarda (Maliniya) (In Jail) v. The State Of Maharashtra Thr. Police Station Officer Police Station Kholapur Tq. Bhatkuli Amravati

2017-06-23Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba492.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (BA) NO. 492 OF 2017 (KANHAIYALAL HIRABHAI THAKARDA (MALANIYA)...VS.. STATE OF MAH.THR. P.S.O.KHOLAPUR, DIST. AMRAVATI) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.R.Agrawal, Advocate for Applicant.

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

DATED : JUNE 23, 2017.

Heard.

The applicant is arrested on 1st May, 2017 in crime registered against him and co-accused for the offences punishable under Sections 363, 366 and 34 of the Indian Penal Code. The crime is registered on the complaint lodged by the prosecutrix that under the pretext of providing job to the prosecutrix the accused took her to Ahmedabad and then to village Khairaje and then left her with co-accused Ashok Chakre.

The learned A.P.P. has submitted that the applicant is resident of Pandhas, Tahsil Khedbramha, District : Sabarkanda (Gujrat) and has expressed apprehension that the applicant may not be available for trial.

The prosecutrix is aged about 32 years. The investigation is complete and charge-sheet is filed. The nonapplicant has not been able to point out that the custody of the applicant is required for further investigation. The applicant has stated that he is not involved in any other crime / offence.

2 ba492.17 Considering the facts of the case, following order is passed :

The applicant having been arrested in Crime No. 106 of 2014 registered by the non-applicant, he be released on bail on furnishing cash security of Rs.One Lakh and two solvent sureties for Rs.Fifty Thousand each.

The applicant shall attend the trial on every date unless granted exemption by the trial Court.

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