Bombay High CourtBA/948/2018allowed

Amol S/O. Uttam Suryawanshi (In Jail) v. The State Of Maharashtra Thr. P.S.O., Vasant Nagar,

2018-12-13Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.948/2018 Amol Uttam Suryawanshi V/s State of Maharashtra, Thr. P.S.O., P.S. Vasant Nagar, Pusad, Dist. Yavatmal.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri K.S. Narwande, Advocate for the applicant. Shri C.A. Lokhande, APP for the non-applicant. CORAM : M.G. GIRATKAR, J DATE : 13.12.2018.

Heard Shri K.S. Narwade, learned counsel for the applicant.

The learned counsel for the applicant has submitted that the incident took place during the quarrel. He has pointed out the statement of witness Ramesh Rathod. He has submitted that the applicant is entitled for bail.

Shri C.A. Lokhande, learned APP for the nonapplicant has strongly objected the application and he has submitted that he is having criminal background. He has assaulted his own brother. There is every possibility of tampering the evidence of prosecution witness. Hence, the application is liable to be rejected.

As per the submission of the learned counsel for the applicant, he is in jail from since last ten months. Looking to the statement of witnesses quarrel took place

2 2ba948.doc during the quarrel and applicant stab injured. Hence following order:-

ORDER

[i] Criminal Application is allowed.

[ii] The applicant be released on bail on executing P.R. bond in the sum of Rs. 25,000/- with one solvent surety of like amount on following conditions:- (a) The applicant shall not reside in Pusad Town till the decision of the trial.

(b) The applicant shall supply his address, mobile number etc., to the concerned Police Station. (c) The applicant shall not tamper the evidence of prosecution witness.

(d) Breach of any condition amounts to cancellation of bail.

JUDGE rkn