76BA 314.2020

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 314 OF 2020

(Pankaj Raju Tadas, Wardha Vs. State of Maharashtra, thr. PSO Hinganghat, District

Wardha)

__________________________________________________________________________

Office Notes, Office Memoranda of Coram,

appearances, Court'

s orders of directions

Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri R.M. Daga, Advocate for the applicant.

Mrs. H.N. Prabhu, A.P.P. for the non-applicant.

CORAM : PUSHPA V. GANEDIWALA, J.

AUGUST 20, 2020.

Heard Shri Daga, learned counsel for the

applicant and Mrs. Prabhu, learned A.P.P. for the

non-applicant/State through Video Conferencing.

2.

The applicant is said to be arrested in

connection with Crime No. 597/2019 dated

09/09/2019 registered at Police Station, Hinganghat,

District Wardha for the offence punishable under

Section 302 of the Indian Penal Code.

3.

The prosecution case is that niece of the

informant i.e. the prosecutrix had a love affair with

the present applicant. The informant had given

understanding to the prosecutrix to not to indulge in

such things.

4.

On 07/09/2020, while the prosecutrix was

talking on phone with the applicant, the sister of the

prosecutrix snatched the handset and told the

applicant not to give any trouble to her sister. On

this, the applicant told that the prosecutrix is having

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relations with other boys and so he will saw her.

5.

Thereafter, on 09/09/2019, when the

sister of the prosecutrix Sankshi went to her relatives,

she didn’t come back and in the morning, her dead

body was found near the Reliance Petrol Pump at

Rimdoh Shivar with multiple injury marks of sharp

edged weapon on her neck and abdomen. The

applicant came to be arrested on the basis of

suspicion.

6.

Incriminating material against the present

applicant is recovery of knife at his instance under

Section 27 of the Evidence Act, which was purchased

from the shop of one witness. As per seizure

panchanama, the knife was domestic without having

blood stains. The clothes of the accused were also

seized with no blood stains. Apart from recovery of

knife and its purchase from shop of the witness, the

prosecution could not point out any other substantive

evidence. The case is pending before the learned trial

Court from about one year but the charges are not

yet framed.

7.

The applicant, who is 19 years old, is in

jail since around one year. The whole case appears to

be based on circumstantial evidence and the

circumstances, as has been pointed out to the Court,

does not appear to be sufficient at this stage.

8.

In the given facts, this Court is of the

opinion that with stringent conditions, the present

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applicant can be released on bail. Hence, the

following order :-

ORDER

i)

The Criminal Application is allowed.

ii)

The applicant be released on bail on his

furnishing PR bond in the sum of Rs.25,000/- with

one solvent surety in the like amount.

iii)

The applicant shall not pressurize or issue

threats to the witnesses.

iv)

The applicant shall not tamper with the

prosecution evidence.

v)

The applicant to supply his residential

address and mobile number to the concerned police

station and shall not change the same, pending trial.

vi)

The applicant shall not leave the local

jurisdiction without prior intimation to the concerned

police station.

vii)

The applicant shall not enter in the

vicinity of the area where the witnesses reside.

viii)

The applicant to attend the concerned

police station on every first Thursday of each month

between 12.00 noon to 2.00 pm.

9.

The Criminal Application is disposed of

accordingly.

10.

Any observation in this order shall not

prejudice the case of the prosecution during trial.

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11.

This order be communicated to the

counsel appearing for the parties, either on the email

address or on Whats app or by such other mode, as is

permissible in law.

JUDGE

Sumit