Nilesh S/O Atmaram Chavhan And Others v. State Of Maharashtra, Through Its P.S.O. Ghatanji Police Station, Yavatmal

ba.537.15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [BA] No.537 of 2015 (Nilesh Atmaram Chavhan and others vs.

The State of Maharashtra, through PSO Ghatanji, District Yavatmal) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. A.S. Mardikar, Sr. Advocate for the Applicants. Mr. P.V. Bhoyar, A.P.P. for the Non-Applicant/State.

CORAM

: V.M. DESHPANDE, J.

DATE : AUGUST 25, 2015.

This is an application for regular bail. The applicants are arrested in connection with Crime No.106/2015, registered with Police Station Ghatanji, District Yavatmal for the offences punishable under Sections 384, 332, 341, 353, 354, 395, 323, 427 and 325 of the Indian Penal Code. The applicants are the labourers, who are working in the Forest Department on daily wages is the submission of Mr. Mardikar, learned Senior Counsel for the applicants, which is not controverted from the State side. The F.I.R. is lodged by Babarao Mitthuji Ghatale on 01/07/2015. According to the F.I.R., on the day, at the time of the occurrence, the present applicants took away the mobile handset of Samsung make and Rs.10,000/-. The names of all the applicants are taken in F.I.R. No specific role is attributed against any single applicant for snatching away the said property.

ba.537.15 2/2 Mr. Bhoyar, learned Additional Public Prosecutor has fairly submitted that though the charge-sheet is not filed, the investigation is complete and only the formality of filing the charge-sheet is remained to be done. He has submitted that the property looted from the first informant is already recovered. In that view of the matter, further custodial presence of the applicants, in my view, is not warranted. Hence, the following order :

➔Applicants - (1) Nilesh Atmaram Chavhan, (2) Ramdas Husain Mogare, (3) Shankar Husain Mogare, (4) Kailash Deorao Kumare, (5) Manoj Narsing Mogare and (6) Nilesh Nagorao Kumare be released on bail on their executing P.R. Bond in the sum of Rs.5,000/- (Rupees Five Thousand Only) each with one solvent surety in the like amount in connection with Crime No.106/2015 before the trial Court.

➔The applicants shall attend the Police Station Ghatanji, District Yavatmal, twice in a week preferably on Tuesday and Thursday between 05:00 p.m. to 07:00 p.m. till the charge-sheet is filed. ➔The application is allowed and disposed of as such. JUDGE *sdw