Aditya S/O. Pradip Tagde v. State Of Maharashtra Thr. P.S.O. Dhantoli Nagpur

0112aba677.16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.677 OF 2016 (Aditya s/o Pradip Tagde vs. State of Maharashtra) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri O.K. Masurke, Advocate for applicant.

Shri S.A. Ashirgade, Additional Public Prosecutor for respondent.

--------- CORAM : P.N. DESHMUKH, J.

DATED : DECEMBER 01, 2016 Heard learned Counsel for both sides.

Perused the affidavit-in-reply filed by respondent. This is an application for bail before arrest in Crime No.88/2016 registered for the offences punishable under Sections 143, 147, 148, 149, 341, 307, 120-B and 201 of Indian Penal Code read with Sections 4 and 25 of Arms Act and Section 37(1)(3), 135 and 142 of Bombay Prohibition Act. It is the case of applicant that he is falsely implicated due to rivalry between the parties on the basis of statement of co-accused recorded three days after registration of first information report. It is further contended that all other accused involved in this crime are released on bail except for one accused whose application for bail is pending before Sessions Court. Shri Ashirgade, learned Additional Public Prosecutor to establish involvement of applicant, has relied upon statements of Dheeraj and Rahul Bhosale and submitted that both these eye witnesses have not

0112aba677.16 2/2 attributed any specific role to applicant, however, their statements establish presence of applicant at the scene of offence Perused the case diary. It appears to be the case of prosecution that crime is registered on the strength of report of Anita, mother of injured Sourabh, involving as many as 7-8 assailants, who were members of unlawful assembly. According to medical report, injuries sustained by Saurabh are all certified to be simple injuries. In view of aforesaid facts and considering the fact that investigation is complete and charge-sheet is filed, application is liable to be allowed by imposing conditions as per order below :

In the event of arrest of applicant, he shall be released on bail on his executing P.R. Bond in the sum of Rs.20,000/- with one surety in like amount. Applicant shall attend Investigating Officer on 3rd and 4th December 2016 between 11 a.m. and 1 p.m. and thereafter on alternate day till 10/12/2016. Applicant shall produce proof of his residential address before Investigating Officer and update the same in the event of any change therein.

The criminal application is accordingly allowed.

JUDGE khj