JUDGMENT :- Heard learned counsel for rival parties. 2. This is an application for grant of anticipatory bail for the offence punishable under Section 302 read with Section 34 of Indian Penal Code registered by Dattapur Police Station, District Amravati, vide Crime No.65 of 2008. 3. I have perused the case dairy. The First Information Report shows that only Namdeo Nandardhane and Purushottam were named. It appears that thereafter some more statements were recorded. Insofar as the present applicant is concerned, there is no allegation that the present application hit the deceased by any dangerous weapon. Allegation is against Purushottam and Namdeo Nandardhane about the actual assault. In view of this, the applicant deserves to be released on anticipatory bail. 4. This Court had, upon perusal of the document (Ex.14) in M/s. Cri. Appln. No.700/08 placed by P.S.O. Dattapur, addressed to District Government Pleader, Amravati, called the explanation of the concerned P.S.O. vide order 3-2-2009, as to under what provisions and on what basis he gave no objection for releasing the applicant on bail in the case of murder. The learned A.P.P. invited my attention to para 6 of his reply which affirms that such no objection was given by the concerned P.S.O. on the ground that nothing was recovered from Namdeo. In the F.I.R. itself the name of Namdeo is mentioned as assailant of the accused by stick and his name has also been taken by other witnesses. Merely because no recovery was made from Namdeo Nandardhane, the police officer has no authority to give no objection for releasing on bail in the case of murder. Hence, I make the following order. 5. The applicant be released on anticipatory bail in Crime No.65/08 for the offence punishable under Section 302 read with Section 34 of Indian Penal Code registered at Police Station Dattapur, district Amravati, on furnishing PR Band in the sum of Rs.20,000/- with one solvent surety in like amount. The applicant to attend police station Dattapur every day for 15 days between 11 a.m. and 2 p.m. He is directed to co-operate with the investigating machinery. Liberty to prosecution to move this Court for cancellation of bail. if exigency arises.
The applicant to attend police station Dattapur every day for 15 days between 11 a.m. and 2 p.m. He is directed to co-operate with the investigating machinery. Liberty to prosecution to move this Court for cancellation of bail. if exigency arises. District Superintendent of Police Amravati (Rural) j. directed to examine the role of investigatin_ officer who has given no objection for releasing Namdeo on bail in writing to the District Government Pleader, Amravati, in the case of murder and, if necessary, to proceed against him departmentally. Hamadast granted. 6. In view of the above order, Criminal Application No.505/09 stands disposed of as infructuous. Application allowed.