Virendra S/O Lakhan Yadav And Another v. The State Of Maharashtra, Through P.S.O. P.S. Deolapar, Nagpur

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPP) NO. 1217 OF 2015 IN/AND CRIMINAL APPLICATION (BA) NO. 740 OF 2015 (Virendra Lakhan Yadav & another Vs. The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A. S. Manohar, Advocate for the applicants. Shri A. H. Laddhad, A.P.P. for the State with Shri Bhangde, Advocate for the intervenor.

CORAM : A. B. CHAUDHARI, J.

: 23 NOVEMBER, 2015 Application to assist the prosecution is granted. Heard learned Counsel for the parties, perused the first information report as well as statement of the witnesses.

Upon perusal of the first information report, it reveals that both the applicants had visited the shop of the deceased and asked the explanation for the incident of earlier day. Thereafter, the other accused persons had come to the shop and one Tufan Yadav, at the instigation of Malkhansingh, fired gun shot from his country-made pistol towards the deceased, who received injury on his chest and died.

Prima faice it appears that the applicants do not have any role or agreement to commit murder of deceased

2311ba740.15.odt 2/2 Dhanesh Gupta. But, it appears that after asking the explanation from the deceased, of course, they were having attitude of teaching lesson to the deceased, but then there is evidence that other accused have committed the murder. That being so, the applicants deserve to be released on bail. Hence, the following order.:

ORDER

Criminal application is allowed.

The applicants; (1) Virendra Lakhan Yadav, and (2) Sunil Gopal Yadeo be released on bail on each of them furnishing P. R. Bond in the sum of Rs.20,000/- with one solvent surety each in the like amount on the conditions that they shall not enter the boundary of village Paoni/Deolapar, shall attend police station, Deolapar on every Sunday between 11.00 a.m. and 4.00 pm. and shall not tamper with the prosecution evidence.

JUDGE wwl