Suraj Pundlikrao Deshbratar (In Jail) v. State Of Maharashtra, Through P.S. Nandanvan, Nagpur

ba897.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO.897/2015 (Suraj Pundlikrao Deshbratar..vs..State of Maharashtra, thr. PS Nandanvan, Nagpur) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. R. S. Renu, Advocate for applicant.

Mr. Tembhhare, A.P.P. for non applicant-State. CORAM : A. B. CHAUDHARI, J.

DATE :

DECEMBER 8, 2015.

Heard.

In Crime No.337/2015 registered with Police Station Nandanvan, Dist. Nagpur, for an offence punishable under Sections 307 and 34 of the IPC read with Section 4, 25 of the Indian Arms Act read with Section 135 of the Bombay Police Act, the applicant was arrested on 04.09.2015 and since then he is in jail. I have seen the FIR. The learned A.P.P. has pointed out criminal antecedents of the applicant. No doubt, the criminal antecedents of the applicant shows offences against human body. I have seen the injury report. It does not show any amputation of dorsal aspect on the hand but injury is that of fracture. Looking to the nature of injury, prima facie, I think further detention of the applicant in jail is not necessary. However, it clearly appears that the applicant is a nuisance indulging in the incidents of assault. However, care can be taken by asking the applicant to remove himself from the city of Nagpur. Learned counsel for the applicant makes a statement, on instruction from his client, that the

ba897.15 applicant shall not enter the city of Nagpur except for the dates of appearance before the Court till the trial is over. He further undertakes not to apply for modification of this order of prohibition of his entry in the city of Nagpur till the trial is complete.

The undertaking is accepted.

In view of above, following order is passed.

ORDER

(i) Criminal Application No.897/2015 is allowed.

(ii) The applicant-Suraj Pundlikrao Deshbratar be released on bail in Crime No.337/2015 registered with Police Station Nandanvan, Dist. Nagpur, for an offence punishable under Sections 307 and 34 of the IPC read with Section 4, 25 of the Indian Arms Act read with Section 135 of the Bombay Police Act, on he executing P.R. Bond in the sum of Rs.20,000/- with one surety in the like amount.

(iii) The applicant shall not enter the city of Nagpur till the trial is complete. The complainant shall be informed about this order by the concerned Police Station Officer and shall keep surveillance on the applicant. (iv) If the aforesaid condition is breached by the applicant, his bail shall stand cancelled and he shall be taken into custody.

JUDGE kahale