Akash S/O Omkarji Raut And Others v. State Of Mah., Thr. Pso Saoner Dist Nagpur

aba587.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.587/2019 Akash s/o Omkarji Raut and ors. vs. State of Maharashtra through PSO P.S. Saoner, Tq. Saoner, Dist. Nagpur.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. A. V. Muley, Advocate for applicants.

Mr. M. J. Khan, A.P.P. for non applicant-State. CORAM : V. M. DESHPANDE, J.

DATED : SEPTEMBER 3, 2019 Heard Mr. Muley, learned counsel for applicants and Mr. Khan, learned A.P.P. for non applicant-State. At the outset, after perusing the reply filed on behalf of the State in which custody of applicant no.2Durgesh s/o Yuvraj Mohanpure and applicant no.4-Pratik s/o Bhumeshwar Khorgade is claimed by the prosecution for recovery of weapons they used in crime and also that they are having criminal antecedents, Mr. Muley, learned counsel for applicants, submits that he wishes to withdraw the present application.

Permission is granted.

Insofar as role of applicant no.1-Akash s/o Omkarji Raut and applicant no.3-Rajeshwar s/o Wamanrao Raut is concerned, as per reply filed on behalf of prosecution, they have pelted stones. Except that, there is no allegation against them in the entire prosecution case. In that view of the matter, I pass following order.

aba587.19.odt

ORDER

(i) The application is partly allowed.

(ii) Application of applicant no.2-Durgesh s/o Yuvrajj Mohanpue and applicant no.4-Pratik s/o Bhumeshwar Khorgade, is dismissed as withdrawn.

Interim order dated 23.08.2019 passed by this Court, in so far as applicant nos.2 and 4 are concerned, is vacated.

(iii) Application of applicant no.1-Akash s/o Omkarji Raut and applicant no.3-Rajeshwar s/o Wamanrao Raut is allowed.

(iv) In the event of arrest in connection with Crime No.513/2019, registered with Police Station, Saoner, Tq. Saoner Dist. Nagpur for an offence punishable under Sections 143, 145, 148, 149, 326, 341, 504, 506, 427 read with Section 34 of the Indian Penal Code, applicant no.1Akash s/o Omkarji Raut and applicant no.3-Rajeshwar s/o Wamanrao Raut, be released on bail on they executing P.R. Bond in the sum of Rs.10,000/- each with one solvent surety each in the like amount.

(v) Applicant nos.1 and 3 shall attend Police Station, Saoner as and when they are called by investigating officer. The application is disposed of.

JUDGE kahale