Sudan Alias Lala S/O. Banduji Bhagat (In Jail) v. The State Of Maharashtra Thr. P.S.O. P.S. Hinganghat Dist. Wardha

ba522of18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) 522 OF 2018 (Sudan alias Lala s/o. Banduji Bhagat..vs.. The State, thr PSO PS Hinganghat) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri C.R. Thakur, counsel for the applicant.

Shri N.H. Joshi, APP for State.

CORAM: ROHIT B. DEO, J.

DATE: 19 th June, 2018.

Heard.

The applicant, who is 20 years old with no criminal antecedents is seeking regular bail in Crime 1948 of 2017 registered with the Police Station Hinganghat for offence punishable under section 307 read with section 34 of the Indian Penal Code.

The injured is one Kamlakar Parasramji Nishane. A single blow is inflicted although the wound, prima facie, does appear to be grievous. The prelude to the incident is an altercation which took place on the occasion of the death anniversary of Dnyaneshwar Maharaj which was observed in the village inter alia by auctioning the food grains left after the mahaprasad.

The investigation is complete and the chargesheet is filed. Having regard to the relatively tender age of the applicant and the fact that he is in custody since 16.11.2017 and having regard to the absence of criminal

ba522of18.odt 2 antecedents, it would not be appropriate to continue the incarceration of the applicant in custody. However, having regard to the apprehension of the learned APP that the release of the applicant may vitiate peace, the applicant is directed not to enter the territorial limits of Tahsil Hinganghat till the conclusion of the trial, except to attend Court hearings and if for exceptional reasons he is permitted to do so by the learned trial Court, on occasions other than the Court hearings.

The applicant be released on furnishing personal bond of Rs. 15,000/- with a solvent surety of like amount. The applicant shall not tamper with the evidence nor shall attempt to influence the witnesses in any manner. JUDGE RSB