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Bombay High CourtBA/880/2015allowed

Sachin @ Bapya Mukunda Raut And Another v. State Of Maharashtra, Through P.S.O. City Police Station, Chandrapur

2015-12-02Hon'Ble Shri Justice A.B. Chaudhari3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Application [BA] No. 880 of 2015 [Sachin @ Bapya Mukunda Raut & another 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. S.D. Dhawas, Adv., for the applicants.

Mr. Ghodeswar, APP for respondent.

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CORAM

:

A. B. CHAUDHARI, J.

DATE :

02nd December, 2015.

Heard learned counsel for the rival parties.

In connection with Crime No. 124/15 registered with police Station, Chandrapur City, for the offences punishable under Sections 143, 147, 148 and 307 of Indian Penal Code and Section 4 read with Section 25 of the Arms Act, the applicants were arrested on 29th May, 2015. Admittedly, the charge-sheet has been filed. The Trial Judge rejected the application for grant of bail principally on the ground that the applicants may tamper with the evidence and there can be escalation of tension amongst the rival parties.

In my opinion, care can be taken by directing the applicants not to enter the boundaries of Chandrapur town till the trial is over. But the applicants should be entitled to grant of bail, since they have been in jail since May, 2015, particularly after filing of the chargesheet. That being so, I make the following order:-

O R D E R

[a] Criminal Application No. 880 of 2015 is allowed.

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

20,000/- [rupees twenty thousand only] each with one surety each in the like amount.

[c] The applicants are prohibited from entering the limits of Chandrapur town, and shall reside at other place and shall inform the concerned Police Station of such location.

[d] The Police Station Officer [respondent herein] shall inform this order to the complainant and her family members.

[e] The applicants shall not threaten,

pressurize or influence the prosecution witnesses or tamper with the prosecution evidence. Any such act on their part shall lead to recall of this order.

Judge |hedau|