Ajay S/O. Madhukarrao Chakole (In Jail) v. State Of Maharashtra Thr. P.S.O., P.S. Sakkardara

1 915ba1125.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.1125/2018 Ajay s/o Madhukarrao Chakole (In Jail) V/s State of Maharashtra thr. PSO, P.S. Sakkardara, Dist. Nagpur. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Abhay Sambre, counsel for the applicant. Shri C.A. Lokhande, APP for the non-applicant/State. CORAM : M.G. GIRATKAR, J DATE : 20.12.2018.

Heard Shri Abhay Sambre, learned Counsel for the applicant.

The applicant was working as a Head Constable in Railway Protection Force (RPF). As per the report lodged by the son of the deceased namely Aniket Ravindra Nagpure, there was dispute between his mother and father. Aniket Ravindra Nagpure was residing with his mother separately from father. On the day of incident, father came in the room and fired towards his wife. Wife was died at the time of incident. Thereafter, he himself committed suicide by fire. The applicant is involved in this case that he has sold pistol to the deceased Ravindra Nagpure. The offences punishable under Sections 109 and 119. Initially, the offences punishable under Section 307 and 309 was registered against Ravindra Nagpure Shri C.A.Lokhande, learned APP has submitted that the applicant has instigated the deceased to kill his

2 915ba1125.18 wife. Even the fact of selling the pistol is taken as it is, then also it cannot be said that the applicant instigated the deceased Ravindra to kill his wife. The applicant is in jail since 02.11.2018. Investigation is yet to be completed. But, looking to the allegations and report he is entitled for bail. Application is allowed.

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

The applicant shall not tamper the evidence of prosecution witness.

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

The applicant shall not leave the jurisdiction of trial court without prior permission.

JUDGE rkn