Gopal Vitthalrao Waghade (In Jail) v. State Of Maharashtra Thr. P.S.O. Pandharkawda Dist. Yavatmal

1 ba603.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.603/2017 Gopal Vitthalrao Waghade ..Vs..

State of Maharashtra, through Police Station Officer, Pandharkawda, Distt. Nagpur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.A. Chaudhari, Adv. for the applicant.

Shri V.A. Thakre, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 7.7.2017.

Heard.

The applicant is arrested on 14th March, 2017 in connection with crime registered for offence punishable under Sections 376D, 366, 323 and 506 of the Indian Penal Code.

The crime is registered on the complaint lodged by prosecutrix (aged about 54 years) that while she was returning to her village, the applicant alongwith co-accused Ram, came on a motorcycle, compelled her to seat on the motorcycle assuring her to drop her at the place where she was going, however, took her to a lonely place and the crime is committed.

The application is opposed on the ground that the offence committed by the applicant is serious in nature and there is ample material available with prosecution which shows the involvement of the applicant in the commission of crime.

The investigation is complete and

2 ba603.17 charge-sheet is filed. The applicant, aged about 35 years, claims to be a Labourer and Agriculturist and has stated that he is not involved in any other crime / offence. The non-applicant has not been able to point out that further custody of applicant is required for investigation.

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

The applicant having been arrested in connection with Crime No.215/2017 registered by the non-applicant, he be released on bail on executing P.R. bond for Rs.25,000/- (Rs. Twenty Five Thousand) and furnishing two solvent sureties in the like amount. The applicant shall attend the trial before the Sessions Court regularly on every date unless granted exemption by the Sessions Court.

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