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Bombay High CourtABA/1981/2018others disposed off

Jyotiram Vitthal Balsaraf v. The State Of Maharashtra

2018-11-22Hon'Ble Shri Justice A.S. Gadkari2 pages

aba.1981-2018.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1981 OF 2018 Jyotiram Vitthal Balsaraf ..Applicant Vs The State of Maharashtra ..Respondent ­­­­­ Mr. J.D. Mane, for applicant.

Mr. Amit Palkar, APP for State.

CORAM : A.S.GADKARI, J.

DATE : 22nd November 2018.

P.C.:

1] By a reasoned Order dated 26th September 2018, the applicant was granted interim relief and was directed to attend the Investigating Officer on stipulated dates and to join the process of investigation. 2] Heard the learned Counsel for the applicant and the learned APP. Perused the record.

3] The record indicates that, the weapon i.e. Sattur (sickle) which was used in the present crime has already been recovered from the co­ accused Vitthal Balsaraf and Arjun Balsaraf. My predecessor in title in Order dated 26.09.2018 in para­4 has observed that, prima facie provisions of section 327 are not applicable to the present crime. It further appears 1/2

aba.1981-2018.doc that, the applicant has attended the Investigating Officer on stipulated dates and has joined the process of investigation. 4] In view thereof, interim relief granted by Order dated 26th September 2018 is hereby confirmed.

5] Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 2/2