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Bombay High CourtBA/587/2017allowed

Harshal S/O. Nilkanth Wane v. The State Of Maharashtra Thr. Police Station Officer Police Station Samudrapur Dist. Wardha

2017-07-03Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba587.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.587/2017 Harshal S/o Nilkanth Wane ..Vs..

The State of Maharashtra, through P.S.O., P.S. Samudrapur, Distt. Wardha - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. F.N. Haidari, Adv. for the applicant.

Shri N.R. Patil, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 3.7.2017.

Heard.

The applicant is arrested in connection with crime registered against him and two others (brothers of the applicant) for offence 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 deceased that raising dispute over trivial issue of dash of car which the accused were driving, with motorcycle driven by the deceased, the accused assaulted the deceased causing him injuries which proved to be fatal.

The applicant is in jail since 25th July, 2016. The charge-sheet is filed on 16th October, 2016. The non-applicant has not been able to show that custody of applicant is required for investigation.

2 ba587.17 Co-accused Swapnil and Prashil are released on bail as per the order passed by this Court on 4th May, 2017 and 16th June, 2017.

Considering the facts of the case, following order is passed:

The applicant having been arrested in connection with Crime No.423/2016 registered by the non-applicant, he be released on bail on executing P.R. bond for Rs.50,000/-(Rs. Fifty Thousand) and furnishing 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 will reside.

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

The application is allowed in the above terms. JUDGE Tambaskar.