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Bombay High CourtBA/712/2016allowed

Kartik S/O Kushwkant Mishra (In Jail) v. State Of Maharashtra, Thr. Pso Sitabuldi Police Station, Nagpur

2016-09-20Hon'Ble Shri Justice Sunil B. Shukre3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [BA] No.712 of 2016 (Kartik s/o Kushwant Mishra vs.

State of Maharashtra, through P.S.O. Sitaburdi, Nagpur) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri A.M. Lute, Advocate for the Applicant.

Shri S.A. Ashirgade, A.P.P. for the Non-Applicant/State.

CORAM

: S.B. SHUKRE, J.

DATE : 20 th SEPTEMBER, 2016.

Heard the learned Counsel for the applicant and the learned A.P.P. for the State.

On perusal of the reply of the prosecution and the case-diary, it appears that the only role attributed to this applicant is that he had followed and accompanied the accused persons and the victim, and later on boarded the vehicle and nothing more. No recovery, whatsoever, has been prima facie made at the instance of this applicant. It appears that the applicant has been sought to be implicated in this crime only because of his prima faice keeping himself in the wrong company. The applicant is in jail since the first week of August, 2016. The custodial interrogation of the applicant is not required. In these circumstances, I am of the view that the application deserves to be allowed. Hence, the order.

2/3 The application is allowed and it is directed that the applicant be released on bail on his furnishing a P.R. Bond in the sum of Rs.20,000/- together with one solvent surety in the like amount on the conditions that the applicant shall regularly attend the Court proceedings on the dates fixed in the matter, shall co-operate with the trial Court in expeditious disposal of the case and shall not tamper with the prosecution witnesses in any manner.

Hamdast is granted.

The application is disposed of accordingly.

JUDGE *sdw

3/3 C E R T I F I C A T E I certify that this order uploaded is a true and correct copy of the original signed order.

Uploaded by: S.D. Waghmare Uploaded on : 20/09/2016 P.A. to the Hon'ble Judge.