Bombay High CourtAPPP/982/2017others disposed off

Shri. Bandu S/O. Gopal Bondale v. The State Of Maharashtra Thr. Police Station House Officer P.S.O. Hingna Nagpur

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

1 aba417.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (ABA) NO. 417 OF 2017 (BANDU GOPAL BONDALE...VS.. STATE OF MAH. THR. P.S.O. HINGNA, NAGPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.A.Sonak, Advocate for Applicant.

Shri T.A.Mirza, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : JUNE 20, 2017.

Heard.

The applicant, apprehending arrest in crime registered against him for the offences punishable under Sections 436, 427 read with Section 34 of the Indian Penal Code, has sought pre-arrest bail. The accusations against the applicant are that he has set ablaze hut of the complainant which resulted in destruction of the belongings of the complainant. The facts on record show that there is some dispute about execution of sale-deed in respect of the land on which the hut was erected.

The application is opposed on the ground that the statements recorded by the Investigating Agency shows involvement of the applicant in the crime and that another Crime No.127 of 2016 for the offences punishable under Sections 420, 468, 471 and Section 34 of the Indian Penal Code is registered against the applicant and though this Court has granted pre-arrest bail to the applicant in that crime, imposing conditions, he is not co-operating with the Investigating Agency.

2 aba417.17 Considering the nature of the accusations against the applicant and the facts of the case, in my view, the applicant is entitled for pre-arrest bail, however, on conditions that are imposed by this order.

In the event of arrest in Crime No. 415/2016, registered by the non-applicant, the applicant be released on bail on executing P.R. Bond for Rs.Fifty Thousand and furnishing one solvent surety in the like amount. The applicant shall attend Police Station, Hingna, District : Nagpur on every alternate day from 23rd June, 2017 between 10.00 a.m. and 1.00 p.m. till charge-sheet is filed. The application is allowed in the above terms. CRI.APPLN.(APPP) NO.982/2017.

In view of disposal of the bail application, this application praying for dispensing with filing of certified copy of order does not survive, hence, it is disposed of. JUDGE RRaut..