Suraj S/O Mahadeo Meshram v. The State Of Maharashtra, Through P.S.O. P.S. Bhadrawati, Chandrapur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.464 OF 2015 Suraj S/o Mahadeo Meshram ..vs..

The State of Mah.

Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders Shri R.M. Daga, counsel for the applicant.

Shri Bhangadkar, APP for the State.

CORAM : V.M. DESHPANDE, J.

DATE : SEPTEMBER 23, 2015.

Heard Shri R.M. Daga, learned counsel for the applicant and Shri A.K. Bhangadkar, learned APP for the State.

By this present application, the applicant is seeking the relief of pre-arrest bail, since the applicant is apprehending his arrest in connection with Crime No.158 of 2015, registered with Police Station Bhadrawati, District Chandrapur for the offences punishable under Sections 147, 148, 307 read with Section 149 of the Indian Penal Code. With the assistance of learned APP for the State, I have gone through the investigation papers. The FIR is lodged, by one Ram Vishwanath Karlekar, on 12.8.2015.

The allegations against the present applicant is of the scuffle. The co-accused Manoj Todase gave .....2/-

knife blow to one of the injured viz. Harshad Kulmethe. Thereafter, the said dagger was thrown on the ground. The allegations against the present applicant is that he picked up that dagger and gave a blow of the same to the brother of the first informant by name Vicky.

It is not the allegations of the prosecution that the present applicant is responsible to give a blow to injured Harshad Kulmethe who has received serious injuries. The injury certificate of the Vicky shows that he has received incised wound. According to Doctor, the nature of the injury was fresh one at the time when he was examined. The injured is already discharged from the hospital.

Further, learned APP fairly submits that the weapon, which was used by the present applicant, is already seized at the behest of the co-accused Manoj Todase In that view of the matter, nothing is to be recovered at the instance of the present applicant. That leads me to pass the following order:-

ORDER

1] The criminal application is allowed.

2] In the event of arrest of the applicant, in connection with Crime No.158 of 2015, .....3/-

registered with Police Station Bhadrawati, District Chandrapur for the offences punishable under Sections 147, 148, 307 read with Section 149 of the Indian Penal Code, the applicant be released on bail on he executing Personal Bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount.

3] The applicant shall attend the Bhadrawati, District Chandrapur twice a week and preferably every Friday and Tuesday between 3.00 pm to 5.00 pm, till the charge-sheet is filed.

4] Breach of any of the conditions will give rise cause to the prosecution to apply for cancellation of bail.

The application is allowed and disposed of as such. JUDGE !! BRW !!

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