Shri. Vanja S/O. Doba Kulmethe And Others (In Jail) v. State Of Maharashtra Thr. Officer-In-Charge Police Station Bamni, Tah. Sironcha Dist. Gadchiroli

1 ba680.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 680 OF 2017 (SHRI. VANJA S/O DOBA KULMETHE AND OTHERS...VS...STATE OF MAH. THR. P.S.O. PS BAMNI, TAH-SIRONCHA, DIST. GADCHIROLI ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Nitin Bhishikar, Advocate for Applicants. Shri T. A. Mirza, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : 25 th JULY, 2017.

The applicant Nos.1 and 4 are arrested on 26th March, 2017, the applicant No.2 is arrested on 31st March, 2017 and applicant No.3 is arrested on 1st April, 2017 in connection with Crime No.01 of 2017 for offence punishable under Sections 341, 435, 504, 506, 143, 147, 148, 149, 120-B of the Indian Penal Code, Sections 5 and 27 of the Arms Act, Section 135 of the Maharashtra Police Act and Sections 3 and 4 of the Prevention of Damage to Public Property Act. Initially the First Information Report did not disclose the names of the applicants, however, subsequently the applicants are shown as accused as according to the Investigating Agency, the witnesses referred their names in supplementary statements. It is alleged that the names of the applicants were not referred earlier by the persons whose statements are recorded because of fear of the applicants, who are close to Naxalites.

According to the Investigating Agency, the

2 ba680.17 accused have burnt wood worth Rs.18,48,000/- which was stored at the Forest Depot.

The charge-sheet is filed on 25th May, 2017. The non-applicant has not been able to point out that further custody of the applicants is required for investigation. The applicants, aged about 26 years, 27 years, 28 years and 23 years respectively, claim that they are labourers and 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.01 of 2017 registered by the non-applicant, they be released on bail on executing P. R. Bond for Rs.10,000/- each.

The application is allowed accordingly.

JUDGE PBP