Laxman @ Laxmikant S/O. Bramhaji Kendre (In Jail) v. State Of Maharashtra Thr. P.S.O. Darati, Tq. Umarkhed Dist. Yavatmal

1 ba516.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.516/2017 Laxman @ Laxmikant S/o Bramhaji Kendre ..Vs..

State of Maharashtra, through P.S.O. Darati, Tq. Umarkhed, Distt. Yavatmal - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Abhay Sambre, Adv. for the applicant.

Shri N.R. Patil, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 13.7.2017.

Heard.

Applicant is arrested on 18th April, 2017 in connection with Crime No.29/2015 registered against the applicant and other co-accused for the offence punishable under Sections 307, 353, 279, 143 and 149 of the Indian Penal Code.

According to the investigating agency, the accused were stopped when they were illegally taking away sand from the bank of river but the accused drove the tractor with the trolley containing sand and even attempted to run the tractor over the officials. The learned Advocate for the applicant has pointed out that the charge-sheet is filed on 11th July, 2017 and nothing is to be investigated now which necessitates the custody of applicant. It is submitted that co-accused Dnyaneshwar against whom similar

2 ba516.17 accusations are levelled is released on bail as per the order passed by the Sessions Court on Miscellaneous Criminal Application No.114/2017 on 25th May, 2017. The applicant, aged about 29 years, claims to be Labourer and has stated that he is not involved in any other crime / offence.

Considering the facts of the case, following order is passed:

The applicant having been arrested in connection with Crime No.29/2015 registered by the non-applicant, he be released on bail on executing P.R. bond for Rs.25,000/- (Rs. Twenty Five Thousand) and furnishing one solvent surety in the like amount. The applicant shall attend the trial regularly on every date unless granted exemption by the trial Court.

The application is allowed accordingly.

JUDGE Tambaskar.