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Bombay High CourtBA/741/2016allowed

Nikunj Kamlakar Meshram (In Jail) v. The State Of Maharashtra (Through Pso Dhantoli, Nagpur)

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

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 741 OF 2016 (Nikunj Kamlakar Meshram 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. P. S. Jaiswal, Advocate for the applicant. Shri C. A. Lokhande, A.P.P. for the State.

CORAM : S. B. SHUKRE, J.

DATED : SEPEMBER 29, 2016 Heard learned Counsel for the applicant and the learned A.P.P. for the State.

Learned Counsel for the applicant submits that there is not a single witness who has taken name of this applicant and pointed out that he was one of the assailants. He also submits that no identification parade was ever held and that the charge-sheet has been filed on 22/7/2015. Learned A.P.P. for the State could not point out to me the statement of any of the witness which shows the position to be something different from what has been stated by the learned Counsel for the applicant. He concedes that no identification parade has been held. In these circumstances, there would be no point in keeping the applicant behind the bar for any longer period of time. The application deserves to be allowed.

The application is allowed.

It is directed that the applicant be released on bail on his furnishing a P. R. Bond 20,000/- together with one solvent surety in the like amount on the conditions that he shall regularly attend the Court on the dates fixed in the matter, shall cooperate with the Court in expeditious disposal of the case and shall not tamper with the prosecution witnesses. Hamdast is granted.

JUDGE JUDGE wwl

2 2909ba741.16 CERTIFICATE "I certify that this order uploaded is a true and correct copy of original signed order."

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