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Bombay High CourtABA/800/2018allowed

Baban S/O. Zapa Pawar v. The State Of Maharashtra Thr. P.S.O., P.S. Khandala

2018-12-05Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar1 pages

0512appp2056.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPP) NO. 2056 OF 2018 IN CRIMINAL APPLICATION (ABA) NO. 800 OF 2018 (Baban s/o Zapa Pawar & Ors. vs. State of Maharashtra thr. PSO, PS Khandala, Tah. Pusad, Dist. Yavatmal) (Dilip s/o Shankar Rathod - Complainant/ Intervener) _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : M.G. GIRATKAR, J.

DECEMBER 05, 2018.

Heard Shri A.K. Bhangde, learned counsel for the complainant/ applicant and Shri V.P. Gangane, learned APP for the respondent - State.

Criminal Application is allowed. Shri Bhangde, learned counsel is allowed to assist the prosecution. CRIMINAL APPLICATION (ABA) NO. 800 OF 2018 Heard Shri Avinash Gupta, learned counsel for the applicant and Shri V.P. Gangane, learned APP for the respondent - State.

The detailed reasons are already recorded by this Court while granting ad-interim bail on 31.10.2018. No other material is brought on record. The allegations in the First Information Report are not sufficient to constitute the offence punishable under Section 306 of Indian Penal Code. These allegations cannot be said to be abetment under Section 107 of the IPC.

Hence, ad-interim bail granted on 31.10.2018 is hereby confirmed.

JUDGE *GS.