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Bombay High CourtBA/1207/2017others disposed off

Mr. Rajesh @ Raju S/O. Sadashiv Dongare (In Jail) v. State Of Maharashtra Thr. Police Station Officer Police Station Dhaba Dist. Chandrapur

2017-12-20Hon'Ble Shri Justice V.M. Deshpande3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.1207/2017 Mr. Rajesh @ Raju s/o Sadashiv Dongare ..vs..

State of Maharashtra, thr. PSO PS Dhaba, District Chandrapur ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri R.R. Vyas, Counsel for the applicant.

Shri N.B. Jawade, Addl.P.P. for the State.

CORAM

: V.M. DESHPANDE, J.

DATED : DECEMBER 20, 2017.

1.

Heard learned counsel Shri R.R. Vyas for the applicant and learned Additional Public Prosecutor Shri N.B. Jawade for the State.

2.

This is an application for bail.

3.

The applicant is arrested on 17.9.2017 in connection with Crime No.86 of 2017 registered with Police Station Dhaba, District Chandrapur for the offence punishable under Section 304 of the Indian Penal Code.

4.

The investigation is already over and the chargesheet is already filed. 5.

This Court (Coram : A.S. Chandurkar, J.) on 22.11.2017 has already released co-accused Ganpat s/o Tamdeo .....2/-

Nagapure on bail. The role attributed to said Ganpat and the role attributed to the present applicant is identical. Therefore, the present applicant is also entitled to be released on bail on the principle of parity.

6.

Further, since the charge-sheet is already filed in the Court of law and there is nothing available on record to show that the criminal case, which is registered against the applicant and co-accused, is likely to be taken for its disposal early, in my view, further custodial presence of the applicant is not at all necessary. Consequently, I pass the following order:

O R D E R

(i) The criminal application is allowed.

(ii) Applicant Rajesh @ Raju s/o Sadashiv Dongare, be released on bail in connection with Crime No.86 of 2017 registered with Police Station Dhaba, District Chandrapur for the offence punishable under Section 304 of the Indian Penal Code on his executing a P.R. Bond in the sum of Rs.20,000/- with one solvent surety of the like amount.

(iii) The applicant shall cooperate in completion of the Trial and shall not take any step to influence .....3/-

the witnesses.

(iv) With this, the criminal applicant is allowed and disposed of.

JUDGE !! BRW !!

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