Dilip S/O Arjun Ramteke And Another v. State Of Mah., Thr. Pso Ps Tumsar Dist Bhandara

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.978/2019 Dilip s/o Arjun Ramteke and anr ..vs..

State of Mah., thr. PSO PS Tumsar, Bhandara ................................................................................................................................................................... OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ................................................................................................................................................................... Shri A.C.Jaltare, Counsel for Applicants.

Shri N.B.Jawade, Addl.P.P. for the State.

CORAM

: V.M.DESHPANDE, J.

DATED : NOVEMBER 15, 2019.

1.

This is an application for grant of bail.

2.

Heard learned counsel Shri A.C.Jaltare for applicants and learned Additional Public Prosecutor Shri N.B.Jawade for the State.

3.

Applicants are arrested in connection with Crime No.7/2019 registered with Tumsar Police Station, District Bhandara for offences punishable under Sections 302, 201, 120-B of the Indian Penal Code.

4.

Investigation is over and chargesheet is already filed.

5.

First Information Report was lodged by Applicant No.2-Rita herself in respect of death of her husband Sahil whose body was found away from her house. 6.

There is no eyewitness account. Entire case of the prosecution is based on circumstantial evidence. .....2/-

Applicant No.1-Dilip is resident of Nagpur and he is husband of applicant No.2-Rita's mother's sister. Other co-accused persons are released on bail by this Court (Coram : Manish Pitale, J.) on 8.8.2019.

7.

In the present case, the prosecuting agency at least before this Court could not point out about last seen theory. No weapon is seized on behalf of applicants. 8.

In view of the fact that there is no eyewitness account and there is no possibility of Trial being concluded or taken up in near future, in my view, the application can be considered in favour of applicants. That leads me to pass following order:

ORDER

(a) The criminal application is allowed.

(b) Applicant No.1-Dilip s/o Arjun Ramteke and applicant No.2-Rita @ Payal w/o Sahil Shendre, in connection with Crime No.7/2019 registered with Tumsar Police Station, District Bhandara for offences punishable under Sections 302, 201, 120-B of the Indian Penal Code, be released on bail on their executing a P.R.Bond in the sum of Rs.10,000/- by each of them with one solvent surety of the like amount by each of them.

(c) Applicants shall attend all Court's dates without fail. (d) Applicants shall attend the Police Station once in 2 .....3/-

months i.e. on 3rd Sunday between 2:00 p.m. and 5:00 p.m.. With this, the criminal application stands disposed of accordingly.

JUDGE !! BRW !!

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