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Bombay High CourtBA/995/2017others disposed off

Raghuvir Singh S/O. Chandu Singh Tak (In Jail) v. State Of Maharashtra Thr. Pso Police Station Bhadrawati Dist. Chandrapur

2017-12-05Hon'Ble Shri Justice A.S. Chandurkar3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO.995 OF 2017 Raghuvir Singh s/o Chandu Singh Tak, R/o Village Partur, Tah. Partur, Dist. Jalna -vsState of Maharashtra, Thr. PSO, PS , Dist. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri A. C. Jaltare, Advocate for applicant.

S. M. Ghodeswar, APP for non-applicant/State. CORAM : A.S.CHANDURKAR, J.

DATE : December 05, 2017 The applicant who has been arrested in June 2017 in connection with Crime No.138/2015 registered at Police Station Bhadrawati, Dist. Chandrapur for the offence punishable under Sections 395, 397, 398 and 342 of the Indian Penal Code seeks his release on bail.

As per the First Information Report dated 04/07/2015 the accused persons by covering their face had committed dacoity. The applicant was arrested pursuant to the investigation carried out.

It is submitted on behalf of the applicant that the chargesheet has now been filed. Except for identification in the Test Identification Parade, there is no other material formed by the prosecution against the applicant. As per the inspection by the finger print expert, one thumb impression was found on a lock. This thumb impression has been identified with the thumb impression of accused No.1. It is submitted that the trial will

2/3 take time to complete and therefore by imposing the appropriate conditions, the applicant may be enlarged on bail. The application is opposed by the learned Additional Public Prosecutor. It is submitted that the finger print of the applicant is to be compared with the finger print found on the lock in question. The applicant has been identified in the Test Identification Parade. The complainant has been examined and it is likely that the trial would conclude in a short period. Perused the First Information Report as well as papers filed along with charge-sheet. In so far as the finger print is concerned, the same is found to be matching with that of accused No.1. Two other accused who are somewhat similarly situated have been granted bail vide Criminal Application (BA) Nos.449 and 450 of 2016. Though there is reference of some antecedents of the applicant, the offence therein is of the year 2004. By imposing appropriate conditions, the applicant can be enlarged on bail.

Accordingly the applicant Raghuvir Singh s/o Chandu Singh Tak who has been arrested in June 2017 in connection with Crime No.138/2015 registered at Police Station Bhadrawati, Dist. Chandrapur for the offence punishable under Sections 395, 397, 398 and 342 of the Indian Penal Code, is directed to be released on bail on furnishing PR Bond of Rs.30,000/- (Rupees Thirty Thousand) with one surety in the like amount.

3/3 The applicant shall co-operate in completion of the trial and shall not influence the prosecution witnesses. He shall attend concerned Police Station once in every fifteen days and as far as possible on the dates when the trial is fixed before the Sessions Court. The applicant shall provide his residential address and contact number to the Investigating Officer. The observations made in this order are only for deciding this application which is allowed and disposed of. JUDGE Asmita