Shivam S/O. Shankarrao Duratkar (In Jail) v. The State Of Maharashtra Thr. Police Station Officer Police Station Paratwada Amravati

1 ba1018.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.1018/2016 Shivam S/o Shankarrao Duratkar ..Vs..

The State of Maharashtra, through Police Station Officer, Police Station Paratwada, Distt. Amravati - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Haidari, Adv. for the applicant.

Shri N.R. Patil, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 8.6.2017.

Heard.

The applicant is arrested in crime registered against him and another co-accused for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code on the accusation that because of suspicion of love affair of deceased with the sister of applicant, the applicant alongwith co-accused assaulted deceased and because of the injuries suffered by the deceased in the assault, he died.

The application is opposed on the ground that as many as six injuries were found on the body of deceased and there are eye witnesses of the incident and if the applicant is released on bail he may influence the witnesses.

The applicant is aged about 21 years and

2 ba1018.16 claims to be a student which fact is not controverted by the investigating agency. The applicant is in jail since 1st July, 2016. The charge-sheet is filed. The non-applicant has not been able to show that custody of the applicant is required for further investigation.

In the above facts, I am of the view that the applicant is entitled to be released on bail. Hence, the following order:

The applicant having been arrested in Crime No.391/2016 registered by the non-applicant, he be released on bail on furnishing P.R. bond for Rs.50,000/- (Rs. Fifty Thousand) and two solvent sureties in the like amount.

The applicant shall attend the proceedings of the trial before the Sessions Court on every date unless granted exemption by the Sessions Court.

The application is allowed in the above terms. JUDGE Tambaskar.