Pravin Bandu Kakade (In Jail) v. State Of Maharashtra, Thr. P.S.O. P.S. Warora, Chandrapur

1 0709ba703.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 703 OF 2016 (Pravin Bandu Kakade 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. V. Sirpurkar, Advocate for the applicant. Shri H. D. Dubey, A.P.P. for the State.

CORAM : S. B. SHUKRE, J.

DATED : SEPEMBER 7, 2016 Heard.

Perused the first information report and reply of the prosecution. Now, the charge-sheet has been filed. The applicant is in jail since 22/6/2016. The allegation is not about aggravated sexual assault. The applicant is also a young boy. The bail application has been rejected by the trial Court mainly on the ground that the applicant is likely to influence the prosecution witnesses. It appears that the victim is resident of different village and this applicant resides at another village. It is stated by learned Counsel for the applicant that the distance between the village of the girl and that of the applicant is of about five kilometers. Even then, the conditions can be imposed to take care of the apprehension expressed by the prosecution. But, otherwise,

2 0709ba703.16 there is no reason for me to deprive the applicant of his liberty pending the trial especially when there is no possibility of the applicant fleeing from justice. The applicant is an agriculturist having deep roots in the society and possibility of tampering with the prosecution witnesses can be taken care of by imposing stringent conditions. Hence, the order.:

The application is allowed and it is directed that the applicant be released on bail on his executing a P.R. Bond in the sum of Rs.20,000./- with one solvent surety in the like amount on the following conditions.:

(1) The applicant shall not visit village Mangli or contact or influence the prosecution witnesses, in any manner;

(2) The applicant shall regularly attend the Court proceedings on the dates fixed in the matter, and

(3) The applicant shall cooperate with the trial Court in expeditious disposal of the case.

JUDGE wwl

3 0709ba703.16 CERTIFICATE "I certify that this order uploaded is a true and correct copy of original signed order."

Uploaded by : W. W. Lichade Uploaded on : 14/9/2016