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Bombay High CourtBA/907/2015allowed

Tukaram S/O Kundlik Payghan And Another (In Jail) v. The State Of Maharashtra, Through P.S.O. P.S. Mehekar, Buldana

2015-12-10Hon'Ble Shri Justice A.B. Chaudhari3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Application [BA] No. 907 of 2015 [Tukaram Kundlik Payghan & 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. R.M. Daga, Adv., for the Applicants.

Mr. T.A. Mirza, APP for respondent.

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CORAM

:

A. B. CHAUDHARI, J.

DATE :

10th December, 2015.

Heard learned counsel for the rival parties.

In Crime No. 158/2015 registered with Police Station, Mehekar, Distt. Buldana, for the offences punishable under Sections 302 and 452 read with Section 34 of Indian Penal Code, the applicants are being prosecuted.

Charge-sheet has been filed and investigation has been completed. The applicants belong to Hingoli district.

Seen the statements of the witnesses. Seen the impugned order.

There is no direct evidence against the applicants and even in so far as the indirect evidence is concerned, except expression of suspicion, there is no prima facie evidence against the applicants.

In that view of the matter, I make the following order:-

O R D E R

[a] Criminal Application [BA] No. 907 of 2015 is allowed.

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

10,000/- [rupees twenty thousand only] each with one surety each 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|