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Bombay High CourtBA/919/2016allowed

Amit S/O. Vinayak Mankar (In Jail) v. State Of Maharashtra Thr. Police Station Jaripatka Nagpur

2017-06-06Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba919.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL BAIL APPLICATION (BA) NO.919/2016 Amit S/o Vinayk Mankar ..Vs..

State of Maharashtra, through Police Station Jaripatka, Nagpur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.J. Khan, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 6.6.2017.

None appeared for the applicant in the morning session. The matter was kept back. In the afternoon again there is no appearance on behalf of the applicant.

Heard Shri M.J. Khan, A.P.P. for the non-applicant / State of Maharashtra.

The applicant and one other person are arrested in crime registered against them by the non-applicant for the offence punishable under Sections 394 and 427 read with Section 34 of the Indian Penal Code.

According to the investigating agency the informant (truck driver) lodged complaint that while going to Jabalpur (Madhya Pradesh) on 2nd September, 2016 at about 8 p.m. when he was going for sleeping in the truck, two persons came there, demanded money from him and when he refused, they pelted stones on the

2 ba919.16 truck and took away an amount of Rs.40,000/- which was given to the informant by his employer.

For the reasons best known to the non-applicant, reply is not filed opposing the application. Though the applicant has not stated about the antecedents, the non-applicant has also not pointed out that the applicant is involved in any other crime / offence. The non-applicant has also not pointed out the necessity for further custody of the applicant. Considering the facts of the case and nature of accusations, in my view, the applicant is entitled to be released on bail.

Hence, the following order:

(i) The applicant having been arrested in Crime No.521/2016 registered by the non-applicant, he be released on bail on furnishing P.R. bond for Rs.10,000/- (Rs. Ten Thousand Only) and one solvent surety in the like amount.

(ii) The application is allowed in the above terms. JUDGE Tambaskar.