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Bombay High CourtBA/1020/2017others disposed off

Chetan S/O. Dilip Telang (In Jail) v. The State Of Maharashtra Thr. P.S.O. Police Station Lakadganj Dist. Nagpur

2017-11-10Hon'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.1020 OF 2017 Chetan s/o Dilip Telang, R/o Kabir Nagar, Mire Layout, Plot No.302, Nandanwan, Nagpur -vsState of Maharashtra, Thr. PSO, PS Lakadganj, Dist. Nagpur ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri C. R. Thakur, Advocate for applicant.

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

DATE : November 10, 2017 The applicant who has been arrested on 09/09/2017 in connection with Crime No.204/2017 registered with Police Station Lakadganj, Dist. Nagpur for the offence punishable under Sections 342 and 395 of the Indian Penal Code seeks his release on bail.

As per the First Information Report dated 08/09/2017 the informant at about 1 pm was travelling on his two wheeler along with his friends. At that point of time a black coloured car blocked the way of the informant. Thereafter another car came there. The occupants of both the car gave fist blows and snatched the gold chain of the informant and also inflicted minor injuries. The accused then sat in both the cars and left the place. As per report, the applicant was driving one of the cars. He came to be arrested on the next day. It is submitted on behalf of the applicant that he is falsely implicated in the aforesaid offence. After his arrest nothing

2/3 has been seized from him. Both the vehicles have been now seized and the investigation is almost complete. It is further submitted that applicant does not have any antecedents and hence he be released on bail.

The application is opposed by the learned Additional Public Prosecutor by relying upon police papers. It is submitted that applicant was named by the informant and he was seen driving one of the cars in which the accused had escaped. Nothing has been seized from the applicant. He did not co-operate with the investigation. It is therefore submitted that applicant does not deserve to be released on bail.

Perused the police papers. The applicant was seen driving one of the cars in which the other accused had escaped. Though the applicant was arrested on the next day, there is no seizure effected from him. The car in question driven by the applicant has been seized. Considering the fact that the role attributed to the present applicant was of driving away the car which has now been seized. He can be enlarged on bail subject to imposing conditions.

Accordingly, the applicant Chetan s/o Dilip Telang who has been arrested on 09/09/2017 in connection with Crime No.204/2017 registered with Police Station Lakadganj, Dist. Nagpur for the offence punishable under Sections 342 and 395 of the Indian Penal Code is directed to be released on bail on furnishing PR Bond of Rs.25,000/- (Rupees Twenty Five Thousand) with one surety in the like amount.

3/3 The applicant shall attend the concerned police station on every alternate Monday between 11 am and 1 pm till filing of the charge-sheet.

The applicant shall not take any steps to influence the prosecution witnesses.

The observations made in this order are only for deciding this application which is allowed and disposed of. JUDGE Asmita