1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Cri. Application (BA)No.523/2011 Nitin Premdas Chavan Vs. State of Maharashtra =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM : U.V. BAKRE, J. DATED : 03/10/2011. Heard Mr. R. M. Daga, learned counsel for the applicant and Mr. C. N. Adgokar, learned APP for the respondent. The applicant, who has been arrested on 21.3.2011 in Crime No. 20/2011 registered at Police Station, Wadgaon for offence punishable under Sections 302, 301, 120-B read with Section 34 of the Indian Penal Code and Section 4 read with Section 25 of the Arms Act and Section 135 of Bombay Police Act., has filed this application for bail. The complaint is lodged by Sakaru Jadhao on 21.3.2011 alleging that Kiran Chavan, Devendra Chavan, Amol Chavan and Nitin Chavan have assaulted his son Naresh by means of spear and sticks and have caused his death. There is, therefore, a general allegation against all the persons about assault with sticks and spear. It is seen that under Section 27 of the Evidence Act, spear has been seized from Kiran Chavan whereas stick has been seized from Devendra Chavan and these 2 weapons were sent for query and the Medical Officer has opined that injuries no.1, 2, 3, 4, 8, 11, 12, 14 and 15 mentioned in column no.17 of the post-mortem examination report are possible by means of Ballam (spear) stick and handle of spear, whereas the injuries no. 5, 6, 9, 10 and 13 mentioned in Column no.17 could be caused by spear. The deceased has sustained in all 15 injuries. Thus, all the injuries were caused by the said stick and spear which were sent to Medical Officer. Nothing has been recovered at the instance of the present applicant. The charge-sheet has already been filed in the present matter. The applicant is 23 years old and he has produced admission card of Mahatma Jyotiba Fule College of Social Work, Yavatmal pertaining to Class B.S.W. - II for the year 2009-2010 and he has produced admission card for admission to Sant Gadge Baba Amravati University for Bachelor of Social Work Part-II, Summer 2011. It is alleged that since the applicant is student, who wants to pursue his studies and complete his course and by remaining in Jail, his future educational carrier would be spoiled. The applicant therefore prays that he be granted bail with strict conditions as deemed fit. Considering all the above facts and circumstances and that the applicant has no past criminal antecedent and since charge-sheet has already been filed and his presence is not required for any investigation, he deserves bail. 3 In the result, the application is allowed The applicant shall be released on bail in Crime No.20/2011 registered at Police Station, Wadgaon for offence punishable under Sections 302, 301, 120-B read with Section 34 of the Indian Penal Code and Section 4 read with Section 25 of the Arms Act and Section 135 of Bombay Police Act, upon execution of personal recognition bond in the sum of Rs. 25,000/- (Rs. Twenty five thousand only) with one solvent surety in the like amount, under the following conditions, namely:- (i) The applicant shall not enter village Ghatana where the incident took place, until further orders. (ii)The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii)The applicant shall not leave India without previous permission of this Court. It is made clear that the applications, if any, by other co-accused shall be decided on their own merits. Application stands disposed of, accordingly. JUDGE Ambulkar.