Mangal Bhimrao Suradkar v. State Of Mah.Thr. Pso Ps Kuhi Dist.Nagpur

1 ba1081.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (BA) NO. 1081 OF 2021 ( Mangal Bhimrao Suradkar ..vs.. State of Maharashtra, through PSO, PS Kuhi, Nagpur ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S. Tatke, Counsel for the applicant, Mr. N.R. Rode, Addl.P.P. for the non-applicant/State. CORAM : ROHIT B. DEO , J .

DATED : 17-11-2021 The applicant, who is arraigned as accused 2 in Crime 315/2021, registered at Kuhi Police Station, District-Nagpur, for offence punishable under Section 395 of the Indian Penal Code, is seeking bail. 2.

The submission is that some co-accused are granted pre-arrest protection and that accused 1, whose role is absolutely identical, is granted regular bail by the learned Sessions Judge. It is further submitted that the investigation is complete, the charge-sheet is filed, the applicant has no criminal antecedents and is not a flight risk.

3.

The alleged incident occurred on 27-8-2021 and the alleged demand was again made on 28-8-2021. The gist of the accusation is that the seven accused barged in the shop of the complainant, ransacked the shop till they found banned tobacco products and then threatened the complainant of lodging a complaint with the Food and

2 ba1081.21 Drugs Department unless extortion amount is paid. The complainant lodged the report on 31-8-2021. Apparently no amount was paid.

4.

Considering the nature of the allegations, the material on record and the fact that the investigation is complete, I do not see any propriety in continuing the incarceration.

5.

The application is allowed.

6.

The applicant shall be released on bail on executing personal bond of Rs.16,000/- (Rupees Sixteen Thousand) with a solvent surety of like amount. 7.

The applicant shall not make any attempt to tamper with the evidence or to influence the witnesses, directly or indirectly.

8.

The applicant shall attend each date of hearing scrupulously.

9.

The applicant shall not leave the country without the permission of the trial Court.

JUDGE adgokar MANOHARRAO ADGOKAR