Ramdayal S/O. Manikram Patle (In Jail) v. State Of Maharashtra Thr. P.S.O., Gangazari, P.S. Gangazari,

ba1113.19.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.1113 OF 2018 (Ramdayal s/o Manikram Patle Vs. State of Maharashtra thr. PSO PS Gangazari, Dist. Gondia) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri H.P. Lingayat, Advocate for Applicant.

Shri N.R. Rode, APP for Non-Applicant/State.

CORAM: M.G. GIRATKAR, J.

DATE: 7 th FEBRUARY, 2019.

Heard Shri Lingayat, Advocate for the applicant and Shri Rode, learned APP for the non-applicant/State. Shri Rode, learned APP has strongly objected the application.

Perused the contents of FIR and statement of alleged eye witness. As per the FIR there was dispute in respect of property. The complainant suspected both the applicant about commission of crime. As per the statement of alleged eye witness, it appears that deceased was beaten by fists and kicks and not by any sharp weapon. Therefore, intention of the applicant is to be seen. If they had any intention to kill the deceased then would have definitely beaten by sharp weapon. The investigation is complete. Charge-sheet is filed. Hence, the following order: [i] Application is allowed.

[ii] Applicant be released on bail on furnishing PR

ba1113.19.O.odt bond in the sum of Rs.25000/- with one solvent surety in the like amount on following conditions.

[a] The applicant shall not tamper the evidence of prosecution witnesses.

[b] The applicant shall attend the trial Court on each and every date.

[c] The applicant shall not leave the jurisdiction of trial Court without prior permission.

[d] The applicant shall cooperate in the investigation.

[e] The breach of any condition amounts to cancellation of bail.

JUDGE NSN