Pradeep S/O Dadarao Kitkule v. State Of Maharashtra, Through P.S.O. Chandur Bazar, Amravati

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO.569/2015 (Pradeep s/o Dadarao Kitkule ..vs.. State of Maharahstra, through PSO Chandur Bazar, Tq. Chandur Bazar, Dist. Amravati) _____________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. S. G. Nigot, Advocate for applicant.

Mr. V. A. Thakare, A.P.P. for non applicantState CORAM : V. M. DESHPANDE, J.

DATE :

SEPTEMBER 10, 2015.

Heard learned counsel for the applicant and learned A.P.P. for non applicantState. By the present application, the applicant, who was arrested in Crime No.144/2015 for an offence punishable under Section 324 and 328 of the IPC registered with Police Station, Chandur Bazar, Dist. Amravati is claiming his release on bail.

Crime is registered on the basis of the report lodged by one Gajanan Kitkule. As per the prosecution case, on 23.05.2015, the present applicant gave a beating to Sudhir near Shrikrushna Temple. He fell down. Thereafter, it is the allegation that the present applicant tried to administer poison to him. That time, the first informant tried to intervene and at that

particular point of time, he again gave a blow of broken bottle to Gajanan.

Though, the charge-sheet is not filed, from the investigation papers and from the statement of the learned A.P.P. for the State it is clear that the investigation is almost over and only formality of filing of the charge-sheet remained to be done.

Looking to the nature of injury and looking to the fact that the investigation is over and only formality of filing of charge-sheet is remained to be completed, in my view, further custodial presence of the present applicant is not warranted. That leads me to pass the following order.

ORDER

(i) Criminal Application No.569/2015 is allowed.

(ii) The applicant-Pradeep s/o Dadarao Kitkule, be released on bail in connection with Crime No.144/2015 registered with Police Station Chandur Bazar, Dist. Amravati for an offence punishable under Sections 324 and 328 of the I.P.C., on he executing P.R. Bond in the sum of Rs.10,000/- with one surety in the like amount.

(iii) The applicant shall attend Police Station Chandur Bazar, once in fortnight on Saturday till the charge-sheet is filed. The applicant shall be with the Investigating between 3.00 p.m. to 5.00 p.m.

The applicant shall not tamper with the prosecution case and shall not pressurize the witnesses.

JUDGE kahale