Mohd. Arbaz @ Sanu S/O Israil Patel v. The State Of Maharashtra, Thruogh P.S.O. P.S. Tahsil, Nagpur

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO. 584 OF 2015 (Mohd. Arbaz @ Sanu s/o Israil Patel Vs. The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Sagar Ingley, Advocate for the applicant. Shri A. D. Sonak, A.P.P. for the State.

CORAM : V. M. DESHPANDE, J.

: 11 SEPT., 2015 Heard Shri Ingley, learned Counsel for the applicant and Shri Sonak, learned A.P.P. for the State. The applicant is arrested in connection with Crime No.242/2014 registered with Tahsil police station, Nagpur for the offence punishable under Section 394 of the Indian Penal Code. He has been arrested on 08/12/2014 and since then he is in jail.

The investigation is over and charge-sheet is filed. The prosecution is relying on recovery of cash amount of Rs.1,000/-, which, according to the prosecution, was looted from the first informant - Ashok Vanjani. Admissible portion of the said statement prima facie shows that the said recovery is not admissible in evidence.

The applicant is in jail since 08/12/2014. The investigation is also over and charge-sheet is filed. In that

1109ba584.15.odt 2/2 view of the matter, further custodial presence of the applicant is not necessary. The apprehension of the prosecution can be taken care of by imposing certain conditions.

The application is allowed.

Applicant Mohd, Arbaz @ Sanu s/o Israil Patel be released on bail on his executing a P. R. Bond in the sum of Rs.25,000/- (rupees twenty-five thousand only) with one solvent surety in the like amount in connection with Crime No.242/2014 registered with Tahsil police station, Nagpur for the offence punishable under Section 394 of the Indian Penal Code.

The applicant shall attend Tahsil police Station, Nagpur once in a fortnight, i.e. on every 2nd and 4th Sunday of each month in between 3.00 p.m. and 5.00 p.m. till culmination of the trial.

Bail before trial Court.

JUDGE wwl