Sachin Kisan Jafrabadi (Ahri) v. State Of Maharashtra Thr. Pso Ps Balapur Dist. Akola

aba819.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 819/2017 Sachin K isan Jafrabadi (Ahir) ..Vs. The State of Marashtra through PSO PS Balapur, Dist. Akola ____________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. M. N. Ali, Advocate for applicant.

Mr. A. Madiwale, A.P.P. for non applicant-State. CORAM : V.M. DESHPANDE, J.

DATED : DECEMBER 13, 2017 1.

Heard Mr. M. N. Ali, Advocate for applicant and Mr. A. Madiwale, A.P.P. for non applicant-State. 2.

The applicant is apprehending his arrest in connection with Crime No.396/2017, registered with Police Station Balapur, Dist. Akola for an offence punishable under Sections 143, 147, 148, 149, 326 of the Indian Penal Code and Section 4 and 25 of the Arms Act. 3.

On the basis of the report lodged by Dhanulal in respect of assault on the injured Sachin, Umesh and Nilesh by the present applicant and other co accused, an offence is registered.

4.

The State has opposed the application for anticipatory bail on the ground that the investigation is in progress. With the help of the investigation papers, the learned A.P.P. could not point out any specific role

aba819.17.odt against the present applicant. The prosecution papers show that the role of assault is attributed to one Gourav and not the present applicant.

5.

In that view of the matter, merely because the investigation is in progress, the personal liberty of the applicant cannot be curtailed. Hence, following order is passed.

ORDER

(i) Criminal Application No.819/2017 is allowed.

(ii) The applicant-Sachin Kisan Jafrabadi (Ahir), in the event of his arrest in connection with Crime No.396/2017, registered with Police Station Balapur, Dist. Akola for an offence punishable under Sections 143, 147, 148, 149, 326 of the Indian Penal Code and Section 4 and 25 of the Arms Act be released on bail on he executing P.R. Bond in the sum of Rs.25,000/- with two solvent sureties in the like amount.

(iii) The applicant shall attend Police Station, Balapur, twice a week i.e. on every Tuesday and Wednesday and shall be with the investigating officer from 02.00 p.m. to 06.00 p.m. till the filing of the chargesheet. The application is disposed of.

JUDGE kahale