Gaurav S/O Diwakar Thakre v. State Of Mah., Thr. Pso Ps Mahuli Dist Amravati (Rural)

ba698.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 698/2019 Gaurav Diwakar Thakre and anr. .vs. State of Maharashtra through PSO P.S. Mahuli, Dist. Amravati (Rural) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. R. D. Wakode, Advocate for applicants.

Mr. J. Y. Ghurde, A.P.P. for non applicant-State. CORAM : V. M. DESHPANDE, J.

DATED : AUGUST 26, 2019 Heard Mr.Wakode, learned counsel for applicants and Mr. Ghurde, learned A.P.P. for non applicant-State. Both the applicants are arrested on 01.04.2019 in connection with Crime No.80/2019, registered with Police Station, Mahuli, Dist. Amravati (Rural), for an offence punishable under Section 307 read with Section 34 of the Indian Penal Code.

The investigation is over and charge-sheet is already filed. The FIR is lodged on 31.03.2019 in respect of the incident dated 31.01.2019 itself. From the FIR, it is clear that no overt act is attributed to applicant no.1-Gaurav. Application of Gaurav is opposed by learned A.P.P. on the ground that he has criminal antecedents. Applicant no.1 is accused of an offence under the Gambling Act, under Section 354-A of the IPC, which is bailable offence and under Section 306 of the IPC. However, it has nothing to do with the present crime.

ba698.19.odt Insofar as case of applicant no.2-Pankaj is concerned, though specific allegations are made against him, in the prosecution case that he has assaulted on injured by means of knife, in my view, looking to the fact that the entire investigation is over, charge-sheet is filed and the injured is already discharged from hospital on 04.04.2019 and now there is no chance that the offence will be further aggravated, he can be released on bail.

In that view of the matter, I pass following order.

ORDER

(i) The application is allowed.

(ii) Applicant no.1-Gaurav Diwakar Thakre and applicant no.2-Pankaj Diwakar Thakre be released on bail in connection with Crime No.80/2019, registered with Police Station, Mahuli , Dist. Amravati (Rural), for an offence punishable under Section 307 read with Section 34 of the Indian Penal Code, on they executing P.R. Bond in the sum of Rs.25,000/- each with one solvent surety each in the like amount.

(iii) The applicants shall attend Police Station once in a week till the trial is over.

(iv) The applicant shall not try to influence or pressurize the prosecution witnesses.

The application is disposed of.

JUDGE kahale