1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO. 60/2011 (Abdul Rajik s/o Abdul Rakib Khan .vs. State of Mah. through PSO PS Lakhni, Distt. Bhandara. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. A.M. Quazi, Advocate for Applicant. Mrs. B.P. Maldhure, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : FEBRUARY 17, 2011 Heard. The prayer for bail made by the applicant arrested in connection with Crime No. 161/2010 registered with Lakhani Police Station for the offences under Sections 279, 307, 353, 333 of IPC read with sections 132/177 and 184 of the Motor Vehicles Act, is vehemently opposed by the learned APP on the count that the applicant on the relevant day had also committed similar act at Sakoli i.e. hitting the barricades for preventing himself being stopped at Tol Naka and during the main act committed at Lakhani one Head Constable was seriously injured and has been deprived of three teeth. It is urged that even thereafter also the applicant had not stopped and repeated such acts at Bhandara. It is urged that the applicant has not surrendered as claimed by him and was brought by Crime Branch of Bhandara at Nagpur. It is urged that 2 having regard to the manner in which the crime was committed, the applicant does not deserve to be released on bail. In view of the learned APP being not able to point out other than any entry made at Sakoli, any complaint said to have been lodged at Sakoli i.e. referred in paragraph 3 of the say alleging occurrence of an incident of hitting barricades and/or attempting to run the truck over the person at the Toll Naka and the matters from the relevant entry pointed being confined to the applicant after asked to stop having run away towards Bhandara, the submission of the learned counsel for the applicant that the prosecution is trying to make mountain out of mole of an act allegedly occurred at the hands of the applicant at Lakhani cannot be said to be without merit. The prosecution say also does not depict or give a clue regarding the acts allegedly committed by the applicant at Bhandara. Having regard to the said aspects and considering the nature of offences allegedly committed by the applicant and none of them being exclusively punishable with imprisonment for life and the submission of the learned counsel for the applicant that it would be highly debatable whether the provisions of Section 307 of IPC would be attracted for commission of alleged acts at Lakhani, the prayer for bail deserves credence. The same deserves credence having regard to the fact that investigation is said to be almost complete and the investigation agency is likely to file the charge sheet within the period of two weeks or thereabout. Needless to add that though learned APP has tried to canvass that the applicant has not 3 surrendered as stated in the application , hardly any material has been shown in support of the said theory that he was nabbed by Crime Branch of Bhandara and brought to Nagpur. However, considering the manner in which the acts are said to be committed and the applicant is said to be the resident of Shioni, it will be necessary to impose strict conditions and seek a heavy bail to ensure that the order of bail is not misused by him adversely affecting progress of trial. The applicant is directed to be released on bail in connection with said crime upon furnishing P.R. Bond in the sum of Rs.50,000/- with one surety in like amount subject to the conditions that applicant - (i) shall attend the investigating officer on every Monday in between 11 and 2 p.m. and so also whenever summoned by the investigating officer for the purposes of investigation until filing of the charge sheet. The said applicant shall attend I.O. on every alternate Monday after filing of the charge sheet until further orders, (ii) shall stay at the address mentioned in the application and shall not change the same without the permission of the trial court, (iii) shall not indulge in any activity of tampering prosecution evidence and/or indulge in any activity hampering the progress of the trial, (iv) shall not commit any offence while on bail. The application stands disposed of. JUDGE halwai