Ganesh Lahuji Bhusari And Another v. State Of Maharashtra, Through P.S.O. Ajani, Nagpur

ba829.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

Criminal Application (BA) No. 829/2015 Ganesh Lahuji Bhusari..vs..State of Maharashtra, thr. PSO P.S.Ajani, Nagpur _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. S. A. Ashirgade, Advocate for applicant.

Mr. A. H. Laddhad, A.P.P. for State.

CORAM : A. B. CHAUDHARI, J.

DATED : NOVEMBER 23, 2015 Heard learned counsel for the rival parties.

Upon perusal of the police report and statements, I find that the present applicants did not play any role at the time of kidnapping, which was made by other accused persons. It appears that the present applicants arrived at the scene after kidnapping was made by other accused persons. It further appears that they had merely cleaned the vehicle which was stained with blood and had, at later point of time, assisted the accused but then it is not known that they had any positive act in respect of kidnapping.

That being so, insofar as the present applicants are concerned, prima facie, no offence of kidnapping can be made out against them. Hence, I make the following order.

ORDER

(i) Criminal Application No.829/2015 is allowed.

(ii) Applicant no.1-Ganesh Lahuji Bhusari and

ba829.15.odt applicant no.2-Dinesh Bhimravji Ingole, be released on bail on they furnishing P.R. Bond in the sum of Rs.20,000/- each with one surety each in the like amount in relation to Crime No.307/2015 registered with Police Station, Ajani, Dist. Nagpur for an offence punishable under Sections 363, 364 (A), 452, 323 and 34 of the IPC. (iii) The applicants shall not tamper with the prosecution evidence.

JUDGE kahale