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Bombay High CourtBA/721/2017others disposed off

Siddharth S/O. Jyotiram Awale (In Jail) v. State Of Maharashtra Thr. P.S.O. P.S. Manakapur Nagpur

2017-08-11Hon'Ble Shri Justice V.M. Deshpande3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATIN (BA) NO. 721 OF 2017 ( Siddharth S/o Jyotiram Awale ..vs..State of Maharashtra, through PSO.PS.Mankapur,Nagpur) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri C.G.Barapatre, Advocate for applicant.

Shri M.J.Khan, A.P.P. for State-non-applicant. CORAM : V.M. DESHPANDE, J DATED : AUGUST 11 , 2017 This is an application for grant of bail.

2.

The applicant is arrested on 2/12/2016, by police station authority of Mankapur in connection with Crime No.200/2016, for the offence punishable under Section 307 of the Indian Penal Code and Sections 4/25 of the Arms Act, and Section 37(1)(3) and 135 of Maharashtra Police Act. The investigation is already over. The chargesheet is already filed. 3.

The application for bail was rejected by the learned Court below on the ground that possibility of repetition of the offence cannot be ruled out. In view of the fact that the injured Vandana was to be married during the period of consideration of bail application by the learned Court below. 4.

Since the chargesheet is already filed and even the marriage of injured Vandana is also being performed and the applicant is in jail since 2/12/2016 and there is no possibility

of his trial being taken in near future,in my view, application can be considered favourably by imposing conditions on applicant.

ORDER

I) The application is allowed.

II) Applicant Siddharth S/o Jyotiram Awale be released on bail in Crime No.200/2016, registered with P.S.Mankapur,Nagpur for the offence punishable under Section 307 of the Indian Penal Code and Sections 4/25 of the Arms Act, and Section 37(1)(3) and 135 of Maharashtra Police Act,on his executing P.R. of Rs. 25,000/- with two solvent sureties in the like amount.

III) The applicant shall attend P.S.Mankapur,Nagpur on his release from jail i.e. twice a week on Sunday and Tuesday of every week in between 3.00 p.m. to 5.00 p.m. till culmination of the trial. IV) The applicant shall not try to indulge in any criminal activity which will cause prejudice to the prosecution case.

V) The applicant shall not extend any threat to the complainant or injured.

VI) If it is noticed by the investigating officer that the present applicant is trying to cause prejudice by

extending threats to the complainant-injured then in that event, the investigating officer will be at liberty to move the application for cancellation of bail.

VII) With this the application is disposed of.

JUDGE kitey