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Bombay High CourtBA/565/2018allowed

Raju @ Raja S/O. Baburao Nagose (In Jail) v. State Of Maharashtra Thr. Police Station Officer Police Station Sakkardara Nagpur Dist. Nagpur

2018-06-15Hon'Ble Shri Justice Rohit Baban Deo2 pages

ba565.18.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.565 OF 2018 (Raju @ Raja s/o Baburao Nagose Vs. State of Maharashtra thr. PSO PS Sakkardara, Nagpur) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri D.V. Chauhan, Advocate for Applicant.

Shri C.A. Lokhande, APP for Non-Applicant/State. CORAM: ROHIT B. DEO, J.

DATE: 15 th JUNE, 2018.

The applicant is in custody since April, 2015 in connection with Crime 85/2015 registered for the offence punishable under sections 143, 144, 147, 148, 149, 302 and 120-B of the Indian Penal Code.

Temporary bail is sought since the daughter of the applicant is getting married on 20.06.2018. Shri Devendra Chauhan, the learned counsel for the applicant points out that earlier this court by order dated 07.03.2017 released the applicant on temporary bail for a period of one and half month on medical ground and that the applicant scrupulously surrendered on the due date. The learned counsel states that if granted temporary bail the applicant shall surrender on or before 11:00 a.m. on 21.06.2018.

The learned A.P.P., on instructions from the I.O., does express some apprehension that the release of the

ba565.18.O.odt 2 applicant on bail may vitiate peace since the applicant - accused and the family of the deceased reside in the same locality. However, considering that the applicant did not misuse the temporary bail earlier granted, the prayer of the applicant for temporary bail to perform the religious rituals in the marriage ceremony of his daughter can be considered by imposing certain conditions. The applicant be released on temporary bail till 11:00 a.m. on 21.06.2018. The applicant to surrender on or before 11:00 a.m. on 21.06.2018.

The applicant to report at Police Station Sakkardara, Nagpur everyday between 08:00 a.m. to 09:00 am.

The applicant shall not contact, directly or indirectly, any witnesses named in the charge-sheet. Any violation of this condition shall be viewed with the seriousness it deserves.

The Superintendent of Central Prison, Nagpur to release the applicant after accepting a personal bond of Rs.15,000/-, which shall be executed by the applicant before the Superintendent of Central Prison.

Steno copy.

JUDGE NSN