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Bombay High CourtBA/541/2016allowed

Sandeep S/O Deoraoji Thakre v. State Of Maharashtra, Thr. P.S.O. P.S. Nandanwan, Nagpur

2016-08-09Hon'Ble Shri Justice Sunil B. Shukre3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPP) NO. 905 OF 2016 IN/AND CRIMINAL APPLICATION (BA) 541 OF 2016 (Sandeep Deoraoji Thakre Vs. The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R. R. Prajapati, Advocate for the applicant. Mrs. M. S. Naik, A.P.P. for the State.

CORAM : S. B. SHUKRE, J.

S. B. SHUKRE, J.

DATED : 09 AUGUST, 2016 09 AUGUST, 2016 APPP NO. 906/2016 :

Heard.

For the reasons stated in the application, the application is allowed. Permission is granted to assist the prosecution. Application stands disposed of. BA NO. 541/2016 :

Heard learned Counsel for the applicant and the learned A.P.P. for the State.

The charge-sheet has been filed in June, 2016 marking completion of the investigation. The first information report has been lodged belatedly. The seizure memo of the phenol bottle and the statement of mother of the deceased create some doubt upon the circumstances in which the phenol bottle has been seized. There are

other circumstances also, which create a doubt about constitution of the offence of the murder. With such evidence available on record and the investigation having been completed, I do not think that any purpose would be served by keeping the applicant in jail for any further time. The application, therefore, deserves to be allowed and it is allowed accordingly.

It is directed that the applicant be released on bail on his furnishing a P. R. Bond in the sum of Rs.20,000/- together with one solvent surety in the like amount on the conditions that he shall attend regularly the dates fixed in the matter by the Court, shall cooperate with the Court in expeditious disposal of the case and shall not tamper with the prosecution witnesses. JUDGE wwl

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