Bombay High CourtBA/905/2018allowed

Ajay Babarao Dalal (In Jail) v. State Of Maharashtra Thr. P.S.O. Tiwsa

2018-10-08Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba905.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 905/2018 Ajay Babarao Dalal ..VS..

State of Maharashtra, Thru PSO. Tiwsa, District Amravati - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.V. Navlani, Advocate for the applicant Shri S.S. Doifode, APP for the non-applicant/State CORAM : Z.A.HAQ, J.

DATED : 08/10/2018 The applicant is arrested on 03/06/2018 in connection with Crime No. 98/2018 registered by the nonapplicant against the applicant and others for the offences punishable under Sections 307, 324, 427, 143, 148 and 149 of the Indian Penal Code.

The crime is registered on the complaint lodged by the informant that about 5-6 persons entered the hotel on 20/05/2018 at about 11:30 pm armed with iron rod and wooden stick and started assaulting the complainant's son. The medical examination report shows that the victim suffered two injuries on his head.

The application is opposed on the ground that the applicant is the main culprit and is responsible for the injuries to the victim. The learned APP has further pointed out that another Crime No. 28/2018 for the offences punishable under Sections 143, 385, 436, 323, 507 and 34 of the Indian Penal Code is registered against the applicant.

2 ba905.18 The applicant aged about 24 years claims to be a labourer. The charge-sheet is filed. The non-applicant has not been able to substantiate that further custody of the applicant is necessary.

Considering the facts of the case, the following order is passed:

(i) The applicant, having been arrested in connection with Crime No. 98/2018 registered by the non-applicant, he be released on bail on executing P.R. Bond for Rs. 20,000/- and on furnishing two solvent sureties in the like amount. (ii) The applicant shall attend the trial on every date unless granted exemption by the Sessions Court.

The application is allowed in the above terms. JUDGE Ansari