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Bombay High CourtAPPP/977/2017allowed

Jabir @ Sonu Hussain S/O. Mohd. Yasin (In Jail) v. The State Of Maharashtra Thr. P.S.O. Gittikhadan Dist. Nagpur

2017-06-20Hon'Ble Shri Justice Z.A. Haq2 pages

1 appp977.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO.977/2017 IN CRIMINAL APPLICATION (BA) NO.514/2017 Jabir @ Sonu Hussain S/o Mohd. Yasin ..Vs..

The State of Maharashtra, through Police Station Officer, Gittikhadan, Distt. Nagpur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. S.S. Deshpande, Adv. for the applicant.

Shri A.D. Sonak, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 20.6.2017.

Heard.

Accepting the submission made on behalf of the applicant, in the first paragraph of page No.2 following correction be carried out.

Instead of Crime No.296/2016 it be shown as Crime No.295/2016 so that the order dated 14th June, 2017 reads as follows:

"Heard.

The applicant is arrested on 27th August, 2016 in crime registered against him and another accused for the offences punishable under Sections 302 and 201 read with 34 of the Indian Penal Code on the accusation that the accused have committed murder of deceased Firoz Khan. The applicant is brother of wife of the deceased. The case of the prosecution is based on circumstantial evidence. The investigation is complete and charge-sheet is filed on 23rd November, 2016. The non-applicant has not been able to show that custody of the applicant is required for further investigation. The co-accused Shakil is released on bail. The applicant claims that he is not involved in any other crime/ offence, which is not controverted by the non-applicant.

2 appp977.17 Considering the above facts, in my view, the applicant is entitled to be released on bail. The applicant having been arrested in Crime No.295 of 2016, registered by the non-applicant, he be released on bail on furnishing P.R. Bond in the sum of Rs.Fifty Thousand with two solvent sureties in the like amount. The applicant shall attend the trial on every date unless granted exemption by the Sessions Court. The application is allowed in the above terms." The Criminal Application (APP) No.977/2017 is allowed accordingly.

JUDGE Tambaskar.