Prem S/O. Devidas Jadhao And Another (In Jail) v. The State Of Maharashtra Thr. Police Station Officer Police Station Washim (Rural) Dist. Washim

1 ba657.17 & 658.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 657 OF 2017 (PREM S/O DEVIDAS JADHAO AND ANOTHER...VS...STATE OF MAH. THR. P.S.O. PS WASHIM (RURAL), DIST.WASHIM) WITH CRIMINAL APPLICATION (BA) NO. 658 OF 2017 (MOHAN S/O DEVIDAS JADHAO...VS...STATE OF MAH. THR. P.S.O. PS WASHIM (RURAL), DIST.WASHIM) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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, Advocate for Applicants.

Shri S. P. Deshpande, A.P.P. for Non-applicant. CORAM : Z.A.HAQ, J.

DATED : 19 th JULY, 2017.

Heard.

Both these applications are disposed by common order as the applicants in these applications are seeking directions to the non-applicant to release the applicants on bail, having been arrested in connection with Crime No.64 of 2017 for the offence punishable under Sections 302, 201 read with Section 34 of the Indian Penal Code.

Initially the crime was registered against unknown person, on discovery of unidentified dead body in a field. However, as investigation progressed, the applicants are arrested on suspicion that they have committed murder of the victim.

According to the Investigating Agency, the motive for murder is that the deceased was having an affair with

2 ba657.17 & 658.17 daughter of one Ashok Rathod, the girl being niece of the accused.

The learned advocate for the applicants has submitted that story put-forth by the Investigating Agency is improbable as the deceased was aged about 50 years and the girl is aged about 16 years.

Be that as it may, the accused are arrested on 11th March, 2017. The investigation is complete and charge-sheet is filed on 7th June, 2017. The non-applicant has not been able to point out that further custody of the applicants is required for investigation. The applicants have stated that they are not involved in any other crime/offence. Considering the facts of the case, following order is passed:

The applicants having been arrested in connection with Crime No.64 of 2017 registered by the non-applicant, they be released on bail on executing P. R. Bond for Rs.50,000/- each and furnishing two solvent sureties each for Rs.25,000/- for each of the applicant.

The applicants shall attend the trial regularly on every date unless granted exemption by the Sessions Court. The applications are allowed in the above terms. JUDGE PBP