Shri. Lomesh @ Lomeshwar S/O. Balaji Fating (In Jail) v. State Of Maharashtra Thr. P.S.O. P.S. Mouda Dist. Nagpur

ba864.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.864/2017 Lomesh @ Lomeshwar s/o Balaji Fating ..vs.. State of Maharashtra through PSO P.S. Mouda, Tq. Mouda, 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. N. M. Jibhkate, Advocate for applicant.

Mrs. K. R. Deshpande, A.P.P. for non applicant-State. CORAM : V.M. DESHPANDE, J.

DATED :

SEPTEMBER 12, 2017 Heard Mr. N.M. Jibhkate, Advocate for applicant and Mrs. K.R. Deshpande, A.P.P. for non applicant-State. The applicant is arrested on 15.07.2017 by Police Station Officer, Mouda in connection with Crime No.342/2017 for an offence punishable under Sections 419, 467, 468 read with Section 34 of the Indian Penal Code. Though, the matter is coming for the first time, the learned A.P.P. is armed with the instructions. Not only that, she has filed here reply on behalf of the prosecution which is taken on record. Though in the reply it is stated that investigation is at the preliminary stage, on instructions from the investigating officer and from the investigation papers, learned A.P.P. makes a statement that the investigation is already over and only the formality of filing of the charge-sheet is remained to be done.

The other accused persons are already released on bail either by this Court or by the learned Judge of the Court below. Looking to the fact that the investigation is

ba864.17.odt already over and looking to the pendency of the cases before the learned Magistrate, since the matter is triable by the Court of Magistrate, no purpose would be served by putting the applicant behind the bars.

In that view of the matter, following order is passed.

ORDER

(i) Criminal Application No.864/2017 is allowed.

(ii) Applicant-Lomesh @ Lomeshwar s/o Balaji Fating be released on bail in connection with Crime No. 342/2017 registered with Police Station, Mouda, Tq. Mouda, Dist. Nagpur for an offence punishable under Sections 419, 420, 467, 468 read with Section 34 of the Indian Penal Code, 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, Mouda once in a month, preferably on last Sunday of every month for six months from today. After lapse of six months, if the applicant is scrupulously following the condition, it will be open for him to file an application for relaxation of the condition.

The application stands disposed of.

JUDGE kahale