Amol Barsuji Parse v. The State Of Maharashtra, Thr. Pso, Ps Hingna, Dist. Nagpur

(1) 926 ba 374-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 374 OF 2025 WITH CRIMINAL APPLICATION (APPP) NO. 621 OF 2025 Amol Barsuji Parse Vs.

State of Maharashtra, Through Police Station Officer, Police Station Hingna, District Nagpur ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mrs. Fatima Pathan, Advocate for applicant Mrs. M.A. Barabde, APP for respondent/State.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 17/06/2025 The applicant came to be arrested on 16/06/2024 in connection with Crime No.270/2024 registered with Police Station Hingna, Nagpur, for the offence punishable under Sections 120(b), 302, 201 read with Section 34 of the Indian Penal Code, under Sections 4 and 25 of the Arms Act and Section 135 of the Mumbai Police Act.

2.

Initially the crime was registered on the basis of report lodged by Alka Dinesh Nagrale. On an allegation that on 13/06/2024 her husband had been to his work and not returned back, therefore, she searched for him but on the same night at about 9:15 p.m. she received the information that her husband has fallen on Samruddhi Highway in injured condition. She had immediately rushed to the spot of incident and witnessed the injuries on his person. Therefore, she lodged a report against unknown

(2) 926 ba 374-2025 person. During the investigation the involvement of the present applicant revealed and therefore, he is arrested.

3.

Heard learned Counsel for the applicant who submitted that except the memorandum statements of the applicant and the other co-accused at whose instance knife and stick are recovered, there is no other material to connect the applicant with the alleged offence. No blood stains are found on the said weapon. Thus, the investigation carried out by the Investigating Officer is not sufficient to connect the present applicant with the alleged offence. Now the investigation is already completed. Charge sheet is already filed. Further incarceration of the applicant is not required. In view of that he be released on bail.

4.

Learned APP strongly opposed the said application and submitted that considering the gravity of the offence and that the weapons are recovered at the instance of the present applicant, the application deserves to be rejected.

5.

On hearing both the sides and on perusal of entire investigation papers except the memorandum statement of the present applicant at whose instance the weapon of the offence is recovered. There is no other material collected during the investigation. The said weapon is not having any blood stains. Now investigation is already completed.

(3) 926 ba 374-2025 Charge sheet is already filed. Considering the nature of the evidence the applicant has made out the case for grant of bail. Accordingly, I proceed to pass the following order.

ORDER

i) The application is allowed.

ii) The applicant - Amol Barsuji Parse, shall be released on bail in connection with Crime No.270/2024 registered with Police Station Hingna, Nagpur, under Sections 120(b), 302, 201 read with Section 34 of the Indian Penal Code, under Sections 4 and 25 of the Arms Act and Section 135 of the Mumbai Police Act, on executing P.R. Bond of Rs.50,000/- with one solvent surety of like amount. (iii) The applicant shall not induce threat or promise any witnesses who are acquainted with the facts of the case.

(iv) The applicant shall not enter into the village Wadgaon Gujar, Taluka Hingna, District Nagpur, till culmination of the Trial.

(v) The applicant shall attend the proceeding before the Special Court without seeking any exemption unless there are exceptional circumstances.

(vi) The applicant shall furnish his detail address along with the address proof.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) Jayashree..