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Bombay High CourtBA/872/2018allowed

Sunil Shamrao Gajbhiye (In Jail) v. State Of Maharashtra Thr. Police Station Officer Police Station Gadgenagar Dist. Amravati

2018-10-06Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba872.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.872 OF 2018 (SUNIL SHAMRAO GAJBHIYE...VS.. STATE OF MAH. THR. PSO PS GADGENAGAR, DIST. AMRAVATI) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.D.Wakode, Advocate for Applicant.

Shri S.S.Doifode, A.P.P. for Respondent/State. CORAM : Z.A.HAQ, J.

DATED : OCTOBER 06, 2018.

Heard.

The applicant is arrested on 22nd March 2018 in connection with Crime/FIR No.0249 of 2018 registered by the non-applicant against four accused (including the applicant) for the offences punishable under Sections 302, 201, 212, 120-B read with Section 34 of the Indian Penal Code. According to the Investigating Agency, the applicant had given blows by iron rod on the head of the deceased which proved to be fatal and the reason for causing death of deceased is that the applicant and the deceased had relationship and the deceased was insisting the applicant for marriage and the applicant had been avoiding. Be that as it may, the investigation is complete and charge-sheet is filed. Other three co-accused are released on bail. The Investigating Agency has not been able to point out that further custody of the applicant is required for investigation or that there is apprehension that the applicant would not be available for trial.

2 ba872.18 Considering the facts of the case, following order is passed:

The applicant, having been arrested in connection with Crime No.0249 of 2018 registered by the non-applicant, he be released on bail on depositing cash security of Rs.One Lakh and furnishing two solvent sureties of Rs.Twenty Thousand each.

The applicant shall attend the sessions trial on each date.

The cash security, which would be furnished by the applicant, shall be treated as Muddemal. Order regarding its disbursal shall be passed by the learned Sessions Judge at the time of disposal of the trial.

The application is allowed in the above terms. JUDGE RRaut..