Hanuman @ Prabhu S/O. Tanaji Gore (In Jail) v. State Of Maharashtra Thr. Police Station Officer Mangrulpir Police Station Dist. Washim

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.827/2017 Hanuman @ Prabhu s/o Tanaji Gore ..vs.. State of Maharashtra through PSO PS Mangrulpir, Dist. Washim _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. S. G. Joshi, Advocate for applicant.

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

DATED :

SEPTEMBER 8, 2017 Heard Mr. S. G. Joshi, Advocate for applicant and Mr. J. Y. Ghurde, A.P.P. for non applicant-State. The applicant is arrested on 25.07.2017 in connection with Crime No.208/2017 registered with Police Station, Mangrul Pir, Dist. Washim for an offence punishable under Sections 143, 144, 147, 148, 149, 150, 326, 307, 120-B, 109 of the Indian Penal Code and Sections 4 and 25 of the Arms Act.

Primarily, the application is opposed by the learned A.P.P. on the ground that the investigation is in progress and the charge-sheet is not yet filed. However, from the investigation papers, the learned A.P.P. submits that the investigation is at the verge of completion. He submitted that the weapon used by the present applicant is already seized.

All other accused persons are already released on bail by the learned Judge of the Court below. I have seen the injury certificate of the injured Sagar. It shows that Sagar is having only one abrasion on left forearm. Further, though he was advised for X-ray, the X-ray was not done and there is no X-ray report available.

Looking to the nature of the injury, I am of the view that though there is a specific role attributed by the first informant in the FIR against present applicant, the applicant needs to be released on bail on putting stringent conditions. Hence, following order is passed.

ORDER

(i) Criminal Application No.827/2017 is allowed.

(ii) Applicant-Hanuman @ Prabhu ws/o Tanaji Gore be released on bail connection with Crime No.208/2017 registered with Police Station, Mangrul Pir, Dist. Washim for an offence punishable under Sections 143, 144, 147, 148, 149, 150, 326, 307, 120-B, 109 of the Indian Penal Code and Sections 4 and 25 of the Arms Act, on he executing P.R. Bond in the sum of Rs.25,000/- with two solvent sureties in the like amount. (iii) The applicant shall attend Police Station, Mangrul Pir twice in a week i.e. on every Sunday and

Tuesday between 3.00 p.m. to 5.00 p.m. till the chargesheet is filed and after filing of the charge-sheet, the applicant shall attend Police Station once in a month i.e. on last Sunday of each month between 3.00 p.m. to 5.00 p.m. till culmination of the trial.

JUDGE kahale