Bombay High CourtABA/496/2017allowed

Kanhaiya S/O. Jethanand Chandwani And Others v. The State Of Maharashtra Thr. P.S.O. P.S. Gondia City Dist. Gondia

2017-07-13Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba496.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.496/2017 Kanhaiya S/o Jethanand Chandwani and others ..Vs..

The State of Maharashtra, through P.S.O., P.S. Gondia City, Distt. Gondia - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.M. Daga, Adv. for the applicants.

Shri T.A. Mirza, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 13.7.2017.

Heard.

Apprehending arrest in connection with crime registered for commission of offence punishable under Sections 394 and 397 read with Section 34 of the Indian Penal Code, the applicants seek pre-arrest bail. The crime is registered on the complaint lodged by Sumit Dhanraj Shivlani that the applicants have assaulted him and they have taken away golden chain, golden bracelet, cell phone and Rs.15,000/- cash. The facts on the record show that the complainant Sumit and applicant No.3 Vishal are not having good terms and earlier there had been some trivial incidents. The applicants have stated that they are not involved in any other crime / offence. From the reply, which was filed by the investigating agency before the Sessions Court, it cannot be said that the

2 aba496.17 investigating agency requires custody of applicants for further investigation.

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

In the event of arrest in Crime No.337/2017 registered by the non-applicant, the applicants be released on bail on executing P.R. bond for Rs.10,000/- (Rs. Ten Thousand) each.

The application is allowed accordingly.

JUDGE Tambaskar.