Suraj S/O. Shekhar Samudre v. State Of Maharashtra Thr. Police Station Officer Police Station Ramnagar Dist. Gondia

1 ba619.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (BA) NO.619 OF 2018 (Suraj s/o Shekhar Samudre ..vs.. State of Maharashtra, through PSO, PS Ramnagar, District Gondia) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Virat Mishra, Counsel for the applicant, Shri V.A. Thakare, Addl.P.P. for the non-applicant. CORAM : ROHIT B. DEO, J.

DATED : 01-08-2018 The applicant is arrested in Crime 119/2018 registered with Police Station Ramnagar, District Gondia for offence punishable under Sections 302, 201, 120-B, 363, 364, 143, 147, 148 and 149 of the Indian Penal Code.

2.

The applicant, who is aged 19 years, is a student and is a resident of Dongargaon, District Rajnandgaon (Chhatisgarh).

3.

The case of the prosecution is that on 10-5-2018 a complaint was lodged by Smt. Rekha Lonarkar that her son Shubham was kidnapped. On the basis of the said complaint offence punishable under Sections 363 and 364 of the Indian Penal Code was registered. The body of Shubham Lonarkar was found on 22-5-2018 in a decomposed state.

4.

The only material against the present applicant

2 ba619.18 appears to be, at least prima facie, that he dropped one of the co-accused Shiva Mahavat at the scene of the crime. 5.

The applicant, who is of relatively tender age of 19 years and a student, is in custody since 18-5-2018. The applicant was visiting Gondia to meet his maternal uncle. Further incarceration of the applicant is not warranted, particularly in the teeth of the nature and extent of the material available on record.

6.

The application is allowed.

7.

The applicant shall be released on bail on furnishing personal bond of Rs.15,000/- with one solvent surety of the like amount.

8.

The applicant shall report at Police Station Ramnagar, Gondia on the 5th day of every month and shall cooperate with the Investigating Officer. 9.

The applicant shall not tamper with the prosecution evidence nor shall attempt to influence the witnesses in any manner.

JUDGE adgokar