Bombay High CourtBA/1111/2018allowed

Rambhau Harichand Sonone (In Jail) v. The State Of Maharashtra, Thr. P.S.O., P.S. Hiwarkhed,

2018-12-18Hon'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.1111/2018 Rambhau Harichand Sonone V/s State of Maharashtra, PSO P.S. Hiwarkhed Dist. Akola. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.R. Deshpande, counsel for the applicant. Shri H.D. Dubey, APP for the non-applicant/State. CORAM : M.G. GIRATKAR, J DATE : 18.12.2018.

Heard Shri V.R. Deshpande, learned counsel for the applicant.

He has pointed out earlier report lodged by the complainant. It shows that the report was lodged on 13.10.2018 at about 12.00 p.m. in the afternoon. On her report, non-cognizable offence was registered. As per the report dated 13.10.2018, incident took place in the afternoon at about 12.00 p.m. On her first report, cognizance was not taken. The second report was lodged in the night at about 00.16 a.m. on 14.10.2018. Shri H.D. Dubey, learned APP has filed reply. It be taken on record. Looking to the material contradictions, possibility of false implications cannot be ruled out. The criminal application is allowed.

The applicant be released on bail on executing P.R. bond in the sum of Rs. 25,000/- with one solvent surety in the like amount.

The applicant shall not tamper with the evidence of prosecution witnesses.

2 913ba1111.18 The applicant shall co-operate with the investigating agency during the trial.

The applicant shall attend the Police Station Hiwarkhed, Dist. Akola once in a week, probably every Sunday between 10.00 am and 5.00 pm, till filing of the charge-sheet.

JUDGE rkn