Bombay High CourtBA/839/2017others disposed off

Amol S/O. Rajaram Gongle (In Jail) v. State Of Maharashtra Thr. Police Station Officer Police Station Bhisi, Chimur Dist. Chandrapur

2017-09-05Hon'Ble Shri Justice V.M. Deshpande2 pages

ba.839.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 839 OF 2017 (Amol S/o Rajaram Gongle.vs..State of Maharashtra, through PSO.PS.Bhisi,TahsilChimur,District-Chandrapur. ) ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri N.Y.Lade, Advocate for applicant.

Shri T.A.Mirza, A.P.P. for State- non-applicant. CORAM : V.M. DESHPANDE, J.

DATED : SEPTEMBER 5, 2017 This is an application for grant of regular bail. 2] Heard learned counsel for applicant and learned A.P.P. for State.

3] The applicant is arrested on 24/09/2016 in connection with Crime No.229/2016, registered with P.S. Bhisi,Tahsil-Chimur,District-Chandrapur, for the offence punishable under Sections 302,201 r/w Section 34 of the Indian Penal Code and Section 3/25 of the Arms Act. 4] The investigation is over and chargesheet is already filed against the present applicant. Only evidence that is available in the final report is that deceased Sainath Ravindra Siddewar was last seen in his company on 23/9/2016. Except this, there is no other material against the present applicant.

5] The weapon i.e. gun is recovered at the behest of the other co-accused.

6] Since the chargesheet is already filed and except last seen theory there is no other evidence against the present

ba.839.17.odt applicant, in my view, further custodial presence of the applicant is not warranted. That leads me to pass the following order.

ORDER

I) The application is allowed.

II) Applicant Amol S/o Rajaram Gongle be released on bail in Crime No.229/2016, registered with P.S.Bhisi,Tahsil-Chimur,District-Chandrapur, for the offence punishable under Sections 302,201 r/w Section 34 of the Indian Penal Code and Section 3/25 of the Arms Act on he executing P.B. of Rs.10,000/- with one solvent surety in the like amount.

III) The applicant shall attend P.S. Bhisi,Tahsil Chimur,District-Chandrapur once in a month preferably on last Saturday of each month between 3.00 p.m. to 5.00 p.m. till the culmination of the trial.

With this the application is disposed of.

JUDGE Kitey