(1) Criminal Application No. 1172 of 2012

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Criminal Application No. 1172 of 2012

Jayant @ Bandu Dadasaheb Gaikwad,

Age : 40 years,

Occupation : Service,

R/o. Siddharthnagar, Ahmednagar,

Taluka & District : Ahmednagar.

.. Applicant.

versus

1. The State of Maharashtra.

2. The Superintendent of Police

at Ahmednagar.

.. Respondents.

.......................

Mr. N.C. Garud, Advocate, for the applicant.

Mr. D.R. Korde, Additional Public Prosecutor,

for respondent nos.1 and 2.

........................

CORAM : K.U. CHANDIWAL, J.

DATE : 4TH APRIL 2012

(2) Criminal Application No. 1172 of 2012

COURT'S ORDER :

1.

Affidavit annexing document / statement is tendered.

2.

Heard.

3.

Learned Additional Public Prosecutor has tendered

affidavit in reply of Shyam s/o. Bhimrao Ghuge, Sub-Divisional

Police Officer, Ahmednagar City Division, Ahmednagar. Mr.

N.C. Garud, learned Counsel for the applicant criticizes the

affidavit saying that there is no whisper as to requirement of

custodial interrogation of the accused, applicant.

4.

The accused, applicant, claims to be Hindi teacher,

has raised plea of alibi. At this stage of the matter, even one

discards the plea of alibi, the fact remains that the accused is

named in the FIR which is lodged belatedly. Today, learned

Counsel for the applicant has placed before me the affidavit of

Naresh s/o. Kalu Chaware, complainant, who has stated that

Bandu Gaikwad (applicant) was not present nor he has any

connection with the intrigue between the complainant or others.

5.

Since the complainant Naresh Chaware has on oath

disputed presence of the accused, applicant, his reference by

(3) Criminal Application No. 1172 of 2012

Sandeep Chavan, Bharat Ramesh Chavan and Santosh Kalu

Chaware will not obviate or change the situation to require his

custodial interrogation. The accused, applicant is gainfully

employed as Hindi teacher. Other named accused are already

released on regular bail and one on pre-arrest bail.

6.

Considering the above facts, the accused, applicant

Jayant @ Bandu Dadasaheb Gaikwad, be released on bail, in the

event of his arrest, in connection with Crime No. I-26/2012,

registered at Tofkhana Police Station, Ahmednagar, on his

furnishing P.R. Bond and surety in the sum of Rs. 15,000/-

[Rupees fifteen thousand]. The accused, applicant shall attend

the investigator on every Sunday between 3.00 p.m. to 6.00 p.m.

till 31st May 2012, and whenever additionally required by

written communication. He shall also abide the conditions under

Section 437 of the Code of Criminal Procedure, enumerated

below :

(a)

The accused/applicant shall attend in accordance with the

conditions of the bond executed under the Chapter,

(b)

The accused/applicant shall not commit an offence similar

to the offence of which he is accused, or suspected, of the

commission of which he is suspected, and

(4) Criminal Application No. 1172 of 2012

(c)

Accused/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 or tamper with the evidence.

7.

Application allowed to the extent above.

( K.U. CHANDIWAL )

JUDGE

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bgp/ka1172