Vivek S/O. Pradeep Bhalekar And Others (In Jail) v. The State Of Maharashtra Thr. P.S.O. Ambazari Police Station Nagpur

1 ba593.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (BA) NO. 593 OF 2017 (VIVEK PRADEEP BHALEKAR & 2 OTH...VS.. STATE OF MAH. THR. P.S.O. AMBAZARI, NAGPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Firdos Mirza, Advocate for Applicant.

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

CORAM : Z.A.HAQ, J.

DATED : JULY 04, 2017.

Heard.

The applicants are arrested on 22nd November, 2016 in connection with crime registered against them and five others for the offences punishable under Sections 302, 307, 143, 145, 147, 148, 149, 427 of the Indian Penal Code and Section 135 of the Maharashtra Police Act. According to the Investigating Agency, the applicants and other co-accused have committed murder of Shubham Mahakalkar by knife and wooden sticks. According to the applicants, in a quarrel at Cloud Seven Bar, Sunny Bomratwar (son of owner of the Bar) was injured and was hospitalized at Sengupta Hospital, the applicants are friends of younger brother of Sunny Bomratwar, the applicants were in the function of marriage of sister of common friend Golu Pasrekar and when they got information that Sunny Bomratwar is assaulted and hospitalized they had gone to the hospital.

2 ba593.17 The applicant No.1 is aged about 19 years and claims that he is student of First Year BCCA, applicant No.2 is aged about 18 years and claims that at the time of incident he was student of 12th standard and applicant No.3, aged about 19 years, claims that at the relevant time he was student of First Year BCCA. The applicants have stated that they are not involved in any other crime/ offence. The investigation is complete and charge-sheet is filed on 18th February, 2017. The applicant has not been able to point out that custody of the applicants is required for further investigation. Considering the facts of the case, following order is passed:

The applicants having been arrested in connection with Crime No. 281/2016, registered by the non-applicant, they be released on bail on executing P.R. Bond for Rs.Fifty Thousand each and furnishing two solvent sureties in the like amount for each of the applicant, out of which in case of each applicant one surety shall be by either father or mother of the applicant.

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