Pravin Takaram Khatik (In Jail) v. The State Of Maharashtra, Through P.S.O. P.S. Warora, Chandrapur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Application [BA] No. 858 of 2015 [Pravin Takaram Khatik Vs. State of Mah.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. R.S. Kurekar, Adv., for the Applicant.

Mr. Tembhare, APP for respondent.

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CORAM

:

A. B. CHAUDHARI, J.

DATE :

15th December, 2015.

Heard learned counsel for the rival parties.

In Crime No. 241/2015 registered with police Station, Warora, Distt. Chandrapur, for the offences punishable under Sections 307, 326 and 504 of Indian Penal Code, the applicant is being prosecuted. Seen the FIR. Perused the reply.

In para 3 of the reply, it is stated that the size of the injury was 3 x 2 cms. Thus, prima facie, the offence under Section 307 of Indian Penal Code is not made out.

Moreover, the applicant was arrested on 2nd October, 2015. Since then, he is in jail. The investigation by this time must have been completed and the charge-sheet will soon be filed. It is in that context, it would be wholly unnecessary to detain the applicant any further in jail. Hence the following order:-

O R D E R

[a] Criminal Application [BA] No. 858 of 2015 is allowed.

[b] Applicant shall be released on bail upon furnishing a Personal Bond in a sum of Rs.

10,000/- [rupees ten thousand only] with one surety in the like amount.

[c] The applicant shall not threaten, pressurize or influence the prosecution witnesses or tamper with the prosecution evidence. Any such act on the part of the applicant shall lead to recall of this order. Judge |hedau|