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Bombay High CourtBA/1397/2022allowed

Sambhashiv @ Santosh Baliram Pawade And 2 Others v. State Of Mah. Thr. Pso Ps Gadchandur Tah.Korpana Dist.Chandrapur

2022-12-14Hon'Ble Shri Justice Anil S. Kilor2 pages

934.ba.1397.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.1397 OF 2022 Sambhashiv @ Santosh Baliram Pawade and others .Vs. State of Maharashtra, through P.S.O., P.S. Gadchandur, Tah. Korpana, Dist. Chandrapur Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.A. Dhawas, Advocate for the applicants. Shri V.A. Thakare, A.P.P. for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 14/12/2022 1.

Heard.

2.

The applicants are seeking bail in Crime No.268 of 2022, registered with Police Station: Gadchandur, District: Chandrapur, for the offences punishable under Sections 201 and 304 read with Section 34 of the Indian Penal Code.

3.

As per the prosecution story the deceased came in contact with the live electric wire led by the applicants and because of the electrocution he died. It is the case of the applicants that to prevent animals from entering into the agricultural field and to prevent damages to the standing crop, the said live electric wire was led.

4.

The applicants are in jail from 16.11.2022 i.e. about last one month. The investigation is almost completed and as such the further custody of the applicants C.L.Dhakate

934.ba.1397.22.odt is not necessary. In the circumstances, though learned APP is opposing the present application, the applicants are entitled for grant of bail. Accordingly, I pass the following order:

a) The criminal application is allowed.

b) It is directed that the applicants shall be released on bail in Crime No.268 of 2022, registered with Police Station: Gadchandur, District: Chandrapur, for the offences punishable under Sections 201 and 304 read with Section 34 of the Indian Penal Code, on furnishing P.R. Bond of Rs.25,000/- each with one solvent surety in the like amount for each of the applicants.

c) The applicants shall attend the concerned Police Station as and when their presence is required. d) The applicants shall not tamper with the prosecution witnesses.

The criminal application is disposed of accordingly.

JUDGE Signed By:CHETAN LOPCHAND DHAKATE Personal Assistant to the Hon'ble Judge C.L.Dhakate