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Bombay High CourtBA/1208/2020disposed off

Rajesh S/O Bansilal Purohit And Another v. The State Of Maharashtra, Thr Pso Ps Midc, Akola, Tah. And Dist. Akola

2021-02-11Hon'Ble Mrs. Justice Swapna Joshi2 pages

11.02.21.BA.1208.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 1208/2020

(1. Rajesh s/o Bansilal Purohit and another vs. State of Maharashtra ) : Th.PSO PS MIDC, Akola ) .................................................................................................. ....................

Office Notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s order of directions and Registrar'

s orders .......................................................................................................................................... Mr. Akash Joshi, Advocate for the applicants Mr. Amit Chutke, APP. for respondent-State ORAM : MRS.SWAPNA JOSHI, J.

ATED : 11th February, 2021 1.

The applicants have filed the present Application u/s 439 of the Cr.P.C. seeking bail, for offence punishable under Sections 304 r/ws. 34 of the Indian Penal Code, registered at MIDC Police Station, Akola, in respect of Crime No. 0374. 2.

I have heard learned Advocates for the respective parties. Perused the case-papers.

3.

The applicant no.1 owns a Dal Mill and the applicant no.2 is an employee of the Dal Mill. Deceased-Shital was working as a labourer. It is alleged that while the deceased was working, accidentally she died while the machine was in operation. It is alleged that she was not imparted training by the owner of the mill and was allowed to work on the said machine.

11.02.21.BA.1208.20 4.

Learned Advocate for the applicant submits that the applicants were released on interim bail by this Court (Coram : Vinay Joshi, J.) on 8th December, 2020.

5.

The learned APP contended on instructions of the Investigation Officer who is present in the court, that both the applicants have fully cooperated with the investigation machinery and not misused the liberty granted in their favour. He reported that the investigation is almost over and the charge-sheet would be filed within a period of two to three weeks. 6.

Considering the manner in which the incident had taken place and the fact that the applicants have not misused the liberty while they were on interim bail, in my opinion, the applicants are entitled for regular bail. Hence the order:-

ORDER

The interim order of bail granted by this Court on 08.12.2020 is hereby confirmed, on the same terms and conditions enumerated therein. The Application stands disposed of.

JUDGE sahare