Bombay High CourtABA/519/2016allowed

Nitin S/O Ramesh Badhe And Others v. State Of Maharashtra, Thr. S.D.P.O. Murtizapur, Akola

2016-09-29Hon'Ble Shri Justice Sunil B. Shukre2 pages

1 2909aba519.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.519 OF 2016 (Nitin Ramesh Badhe & others Vs. The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S. A. Dutonde, Advocate for the applicant. CORAM : S. B. SHUKRE, J.

DATED : SEPEMBER 29, 2016 Heard. Perused the F.I.R. and the case-diary. The F.I.R. does not make any mention of the place where the incident actually occurred. The statement of material witness, Ramesh Hagwane, as informed by learned A.P.P., is not finding place in the present case-diary. He informs that before initiation of this case diary, the offence was investigated when it is likely that the statement of Ramesh Hagwane might have been recorded. He also informs that earlier, 'B' summary report was filed in this case, which was accepted by the Special Court. In these circumstances, there is a serious doubt about the place where the offence may have occurred and, therefore, I am of the view that at this stage, prima facie involvement of the applicants in the offences registered against them cannot be seen. The applicants deserve to be released on anticipatory bail. The application is allowed and the interim bail granted to the applicants by this Court on 11/8/2016 is hereby confirmed on the same conditions.

JUDGE JUDGE wwl

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