Allowed

Budharam S/O. Daulat Sahare and Others v. State of Maharashtra Thr. Police Station Korchi Dist. Gadchiroli

Bombay HC8 Jun 2017BA/1087/2016

Case brief

AI extract

What is this about?

In this criminal application for bail, the High Court at Nagpur considered an arrest under charges of robbery and illegal possession of arms. The Court noted lack of medical inspection for alleged victims and no further investigation need, granting release on bail.

What did the court decide?

Applicants to be released on bail on furnishing Personal Bond for Rs. 10,000 each and two solvent sureties.

Budharam S/O. Daulat Sahare and Others Vs State of… — Cheating and Forgery | Bombay HC (2017)

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1 ba1087.16

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CRIMINAL APPLICATION (BA) NO.1087/2016

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Budharam S/o Daulat Sahare and others

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..Vs..

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State of Maharashtra, through Police Station, Korchi, Tah. Korchi, Distt. Gadchiroli

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- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Shri R.D. Khade, Adv. for the applicant.

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Shri A.M. Deshpande, A.P.P. for the respondent / State.

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CORAM : Z.A.HAQ, J.

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DATE : 8.6.2017.

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Heard.

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The applicants are arrested on 25^th June, 2016 in crime registered against them for the offence punishable under Sections 395, 397 and 450 of the Indian Penal Code read with Section 5/28 of the Arms Act.

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The Crime is registered against the applicants on complaint made by Lalita Walde that the applicants in presence of about 30 to 40 persons (naxalites) forcibly entered the house of the applicants, threw the belongings and took away Rs.4,65,000/- from the bag kept in the house of the complainant.

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According to the complainant, the applicants possessed guns and gave blows by the butt of the gun.

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The incident is alleged to have taken place on

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2 ba1087.16

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22^nd June, 2016. The complaint is lodged on 24^th June, 2016. The investigating agency explained the delay by submitting that the complainant and her family members were taken away by the applicants to some spot from where the complainant returned later on and lodged the complaint. Be that as it may, the investigating agency has not referred the person / persons who are allegedly hit by the butt of the gun for medical inspection.

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The charge-sheet is filed on 23^rd September, 2016. The investigating agency has not been able to show that the custody of the applicants is required for further investigation. The applicants are not involved in any other crime / offences earlier.

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Considering the facts of the case, in my view, the applicants are entitled to be released on bail.

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Hence, the following order:

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The applicants having been arrested in Crime No.22/2016 registered by the non-applicant, they be released on bail on furnishing P.R. bond for Rs.10,000/(Rs. Ten Thousand) each and two solvent sureties in the like amount for each of the applicant.

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The application is allowed in the above terms.

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JUDGE

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Tambaskar .

Budharam S/O. Daulat Sahare and Others v. State of Maharashtra Thr. Police Station Korchi Dist. Gadchiroli

Case brief

What is this about?

What did the court decide?

Budharam S/O. Daulat Sahare and Others v. State of Maharashtra Thr. Police Station Korchi Dist. Gadchiroli

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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