Sudesh S/O Dinesh Raut v. State Of Maharashtra, Through P.S.O. P.S. Nandanvan, Nagpur

aba494.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.494/2015 (Sudesh s/o Dinesh Raut..vs..State of Maharashtra, through PSO P. S. Nandanvan) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Tembhare, A.P.P. for non applicant.

CORAM : A. B. CHAUDHARI, J.

DATE :

DECEMBER 1, 2015.

Learned counsel for the applicant is absent. Heard learned A.P.P. for the State.

Para 5 of the reply filed by the non applicant-State reads thus:

"5.

It is submitted that the present applicant have attributed specific role in the said incident. The present applicant along with other co-accused had caught-hold to the victim Akshay and his friend Krian Channe and gave fist blow to them. The accused namely Akash has assaulted to the victim Akshay by weapon knife and gave a knife blow on the vital part of victim. Anyhow Krian Channe had rescued to Akshay from the assailant. The present applicant is involved in the said incident. After assault on Akshay by the Akash with deadly weapon knife, he handed over the weapon knife to Sudesh Raut/present applicant and since then the

aba494.15 present applicant absconding. Moreover during the course of investigation the statement of the co-accused stated that the weapon knife was handed over the Sudesh Raut/present applicant. There are past criminal record of present applicant."

It is clear from the reply that the applicant is directly involved in the offence. That apart, the applicant has, to his credit, serious offences against human body as well as under the Arms Act. Thus the applicant is not entitled to grant of anticipatory bail. In view of above, Criminal Application No.494/2015 is rejected.

JUDGE kahale