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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

CRIMINAL APPEAL NO.276/2020 (LD-VC-Appeal No.579/2020)

Shreedhar s/o Manohar Bhujade and another

Vs.

The State of Maharashtra and another.

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Office Notes, Office Memoranda of

Court'

s or Judge'

s Order

Coram, appearances, Court'

s Orders

or directions and Registrar'

s order

Shri Aniruddha C. J altare , Advocate for the appellant/applicant.

Shri M. K. Pathan, A.P.P. for the respondent no.1/State.

Shri Samir Das, Advocate for the respondent no.2.

CORAM :- Z. A. HAQ AND

AMIT B. BORKAR, JJ.

DATED :- 02.09.2020

1.

Heard Shri A.C.Jaltare, learned Advocate

for the appellants, Shri M.K.Pathan, learned

Additional Public Prosecutor for the respondent no.1

and Shri Samir Das, learned Advocate for the

respondent no.2/Informant.

2.

Admit.

3.

Shri M.K.Pathn, learned Additional Public

Prosecutor waives notice for respondent no.1/State

and Shri Samir Das, learned Advocate for the

respondent no.2.

4.

Call record and proceedings.

CRIMINAL APPLICATION (APPA)319/2020

1.

The appellants are arrested on

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07.03.2020 in connection with Crime No.110/2020

registered with the respondent no.1 – Police Station,

Kuhi for the offences punishable under Sections 302,

427, 109 and 34 of the Indian Penal Code read with

Sections 3(2)(v), 3(1) (z-b) of the Scheduled Castes

and the Scheduled Tribes (Prevention of Atrocities)

Act and Section 2 of the Maharashtra Prevention and

Eradication of Human Sacrifice and other Inhuman

Evil and Aghori Practices and Black Magic Act. The

appellants had filed application under Section 439 of

the Code of Criminal Procedure before the Sessions

Court, which is dismissed by the impugned order.

2.

Learned Additional Public Prosecutor

appearing for the respondent no.1/State and learned

Advocate appearing for the respondent no.2

submitted that the statements of eye witnesses

support the case of the prosecution against the

appellants and the learned Sessions Judge has rightly

appreciated the relevant aspects while rejecting the

application filed by the appellants seeking their

release on bail.

3.

Learned Advocate for the appellants

submitted that even according to the prosecution, the

assault on the victim was by sticks which are

recovered from the accused nos.1 and 2 i.e. Vinod

and Devendra.

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276.20.odt

4.

Be that as it may, we find that the

appellants (aged about 36 years and 35 years) have

not been involved in any other offence or any other

crime is registered against them. The appellant no.1

claims to be Cultivator and appellant no.2 claims to

be Transporter. The respondents have not

controverted these facts.

The investigation is complete and charge-

sheet is filed on 8.5.2020. The respondent no.1 has

not been able to point out that further custody of the

appellants is necessary for any other purpose.

5.

Considering the facts of the case, we are

of the view that the appellants deserve to be released

on bail, however, on conditions as imposed by this

order:

(i)

The appellants having been arrested in

connection with Crime No.110/2020 registered with

the respondent no.1 – Police Station, Kuhi for the

offences punishable under Sections 302, 427, 109

and 34 of the Indian Penal Code read with Sections

3(2)(v), 3(1) (z-b) of the Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Act and

Section 2 of the Maharashtra Prevention and

Eradication of Human Sacrifice and other Inhuman

Evil and Aghori Practices and Black Magic Act, be

released on bail on depositing cash of Rs.1,00,000/-

(Rs. One lakh) each and two solvent sureties in the

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like amount. The amount shall be deposited before

the Sessions Court.

(ii) The appellants shall not enter the village

Musalgaon, Tahsil Kuhi, Distt.Nagpur, till the Sessions

Trial concludes without seekin