Roshan S/O. Khushalrao Karemore (In Jail) v. The State Of Maharashtra Thr. Police Station Officer Police Station Bhandara

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.1159/2017 Roshan s/o Khushalrao Karemore ..vs..

The State of Mah., thr. PSO PS Bhandara, Tahsil and District Bhandara ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri N.B. Kalwaghe, Counsel for the applicant. Shri V.A. Thakare, Addl.P.P. for the State.

CORAM

: V.M. DESHPANDE, J.

DATED : DECEMBER 12, 2017.

1.

This is an application for regular bail.

2.

Heard learned counsel Shri N.B. Kalwaghe for the applicant and learned Additional Public Prosecutor Shri V.A. Thakare for the State.

3.

The bail application is primarily opposed by learned Additional Public Prosecutor Shri V.A. Thakare for the State on the ground that investigation is in progress. 4.

The applicant is arrested in connection with Crime No.166 of 2015 registered for the offences punishable under Sections 120-B, 406, 407, 408, 409, and 468 of the Indian Penal Code with Police Station Bhandara, Tahsil and District Bhandara.

5.

Applicant is accused No.3. They are total 5 .....2/-

accused persons. Other 4 accused persons are already released either on anticipatory bail or on regular bail. 6.

According to learned Additional Public Prosecutor Shri V.A. Thakare for the State, material against the present applicant is that he is one of the signatories of the agreement by which paddy-rice, in question, was transported to Neri under the agreement.

7.

It is to be noted that said agreement is executed by co-accused B.M. Dani, who was Regional Manager of Tribal Development Corporation, Deori. Said co-accused Dani is already released on bail. If that be so, role of the applicant is at par with said co-accused Dani. Therefore, merely because charge-sheet is not filed, applicant's further presence in custody, in my view, is not warranted. Consequently, this Court passes the following order:

ORDER

(i) The criminal application is allowed.

(ii) Applicant Roshan Karemore be released on bail in connection with Crime No.166 of 2015 registered for the offences punishable under Sections 120-B, 406, 407, 408, 409, and 468 of the Indian Penal Code with Police Station Bhandara, Tahsil and District Bhandara on his executing a P.R. Bond in the sum .....3/-

of Rs.1.00 lac (rupees one lac only) with two solvent sureties of the like amount.

(iii) The applicant shall attend the police station twice a week i.e. on Saturday and Tuesday of every week and he shall be in the police station from 1:00 p.m. to 5:00 p.m., till filing of the charge-sheet. (v) With this, the criminal application is allowed and disposed.

JUDGE !! BRW !!

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