Prashil S/O. Nilkanth Wane (In Jail) v. The State Of Maharashtra Thr. Police Station Officer Police Station Samudrapur Dist. Wardha

1 ba525.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (BA) NO. 525 OF 2017 (PRASHIL NILKANTH WANE...VS.. STATE OF MAH. THR. P.S.O. SAMUDRAPUR, DIST. WARDHA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.M.Daga, Advocate for Applicant.

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

CORAM : Z.A.HAQ, J.

DATED : JUNE 16, 2017.

Heard.

The applicant is arrested on 4th November, 2016 in crime registered against him and two others for the offences punishable under Sections 279, 336, 307, 302, 120-B read with Section 34 of the Indian Penal Code. The crime is registered on the complaint lodged by son of the deceased that because of dash given by the car, in which the accused were travelling, to the motorcycle driven by the deceased, there was some heated exchange of words and the co-accused assaulted the deceased by fist blows and the accused took out the baseball bat from the car and gave a blow on the head of the deceased which proved to be fatal. Co-accused Swapnil is granted bail by this Court by the order passed on 4th May, 2017. The applicant has stated that he is not involved in any other crime/ offence. The charge-sheet is filed on 6th January, 2017. The Investigating Agency has not been able to show that custody of the applicant is required for further investigation.

2 ba525.17 Considering the facts of the case, in my view, the applicant is entitled to be released on bail. Hence, the following order:

The applicant having been arrested in Crime No. 423 of 2016, registered by the non-applicant, he be released on bail on furnishing P.R. bond for Rs.Fifty Thousand and two solvent sureties in the like amount.

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

The applicant shall not enter village Sawarkhed and shall inform the Investigating Agency the details of his address where he is residing.

The applicant shall be released only after the details are made available by the applicant.

JUDGE RRaut..