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Bombay High CourtBA/668/2018allowed

Nikhil S/O. Haribhau Surse (In Jail) v. State Of Maharashtra Thr. P.S.O. Ramnagar Wardha

2018-08-07Hon'Ble Shri Justice Nitin W. Sambre2 pages

1 913) ba667-18+1.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL BAIL APPLICATION NO.687 OF 2018 Adarsh s/o. Prabhu Gorade ..Applicant.

V/s.

The State of Maharashtra ..Respondent.

CRIMINAL BAIL APPLICATION NO.668 OF 2018 Nikhil s/o. Haribau Surse ..Applicant.

V/s.

The State of Maharashtra ..Respondent.

Mr.Shaikh Sabehat Ullah with Mr.Mahesh Rai for the applicant. Mr.V.A.Thakre, APP for the respondent-State.

CORAM: NITIN W.SAMBRE, J.

DATE : AUGUST 7, 2018 P.C.:- Both the applicants are seeking their release on bail in Crime No.375/18 for the offences punishable under sections 457, 427, 380, 449 read with 34 of the Indian Penal Code. 2.

The fact remains that after the offence was registered on June 4, 2018, the applicants were subjected to custodial interrogation.

3.

There are no criminal antecedents against each of the

2 913) ba667-18+1.doc applicant and the learned counsel for the applicants, on instructions, volunteers to deposit Rs.5,000/- each before the Court of the learned Magistrate at Wardha towards the part of cost of damages caused.

4.

Since the applicants are already subjected to custodial interrogation and there are no criminal antecedents, it will be appropriate, in my opinion, to order their release on bail. 5.

The applicants, as such are ordered to be released on bail in Crime No.375/18 for the offences punishable under sections 457, 427, 380, 449 read with 34 of the Indian Penal Code on their furnishing P.R. Bond of Rs.10,000/- each with one or more solvent surety in the like amount. The applicants, before their released, shall deposit, as undertaken, an amount of Rs.5,000/- each which will be adjusted at the end of the trial against the damages sustained by the complainant.

6.

Any further registration of offence against the applicants will entitle the prosecution to seek appropriate order in the matter of cancellation of bail.

(NITIN W.SAMBRE, J.)