Bombay High CourtBA/696/2017allowed

Janardhan Tukaram Rukhmode (In Jail) v. State Of Maharashtra Thr. Police Station Officer Arjuni Morgaon Dist. Gondia

2017-07-31Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba696.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 696 OF 2017 (JANARDHAN TUKARAM RUKHMODE...VS...STATE OF MAH. THR. P.S.O. PS ARJUNI MORGAON, DIST.GONDIA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Shashikant Borkar, Advocate for Applicant. Shri A. D. Sonak, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : 31 st JULY, 2017.

Heard.

The applicant is arrested on 4th February, 2017 in connection with Crime No.5 of 2017 registered against him for offence punishable under Sections 302, 201 of the Indian Penal Code, on the accusations that he has committed murder of his younger brother Ganesh.

The application is opposed on the ground that statement of eyewitness Shobha Kapgate shows that the applicant and deceased were seen quarreling near the spot on the day when dead body of deceased is found. It is further submitted that there had been dispute between the applicant and deceased over agricultural land.

Be that as it may, the investigation is complete and charge-sheet is filed on 21st April, 2017. The nonapplicant has not been able to point out that further custody of the applicant is required for investigation.

2 ba696.17 The applicant, aged about 42 years, claims to be an agriculturist and has stated that he is not involved in any other crime/offence.

In the facts of the case, following order is passed: The applicant having been arrested in connection with Crime No.5 of 2017 registered by the non-applicant, he be released on bail on executing P. R. Bond for Rs.25,000/- and furnishing two solvent sureties in the like amount. The applicant shall attend the trial before the Sessions Court regularly on every date unless granted exemption by the Sessions Court.

The application is allowed in the above terms. JUDGE PBP