Krushna @ Chetan S/O Ganesh Mandal (In Jail) v. State Of Maharashtra, Through Pso, P.S. Nandanwan, Nagpur

04.02.ba.933.15

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 933/2015 (Krushna @ Chetan s/o Ganesh Mandal vs. The State of Maharashtra ) ................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................ Mr. A.K.Bhangde, Advocate for applicant Mr. N.B. Jawade, APP for respondent/non-applicant. CORAM: A.B.CHAUDHARI, J.

DATED : 4th February, 2016.

Heard learned counsel for the rival parties.

Perusal of the police papers shows that the applicant was seen along with his brother, the main accused-Akash, while putting the motorcycle on the body of the deceased. The reliance placed by the learned APP on the memorandum to say that the applicant had instigated his brother to give additional blows till his death, at this stage, would not be admissible. Be that as it may, as far as the applicant is concerned, the evidence against him is about two witnesses seeing with his brother, the main accusedAkash, who committed the murder. Mr. A.K.Bhangde, learned counsel for the applicant makes statements that the applicant would not enter the district of Nagpur but would reside at Pune and would not indulge in any unlawful act or commission of offence and would inform the concerned Police Station at Pune about his residence and also attend the same Police Station twice a month, on every Sunday between 11 and 4 p.m. The

04.02.ba.933.15 learned counsel also undertakes that the applicant would not apply for modification of these conditions. Statement is accepted. In that view of the matter, the applicant deserves to be enlarged on bail. Hence the following order:

ORDER:

a) Criminal Application (BA) No. 933/2015 is allowed.

b) The applicant be released on bail in connection with Crime No.194/2015 registered at Nandanwan Police Station, Nagpur, for offence punishable under sections 302, 201 r/ws. 34 of the IPC, on executing a personal bond in the sum of Rs. 20,000/- ( twenty thousand) with one surety in the like amount. c) The applicant shall not enter the District of Nagpur, except on the appointed dates for attending the court proceedings, till the trial is over, and shall reside at Pune.

d) The applicant shall not indulge in any unlawful assembly or commission of offence and would inform the concerned Police Station at Pune, about his residence and also attend the same Police Station twice a month, on every Sunday between 11 and 4 p.m.

e) The applicant shall not apply for modification of these conditions, till the trial is over.

JUDGE sahare