Shital @ Swapnali Giridhari Sonawane v. The State Of Maharashtra

921-ba-139-23.doc Digitally signed by DARSHAN PRAKASH PATIL Date:

2023.07.05 16:48:17 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

DARSHAN PRAKASH PATIL CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 139 OF 2023 Shital @ Swapnali Giridhari Sonawane ...Applicant V/s.

The State of Maharashtra

...Respondent

Mr. Aniket Vagal a/w Mr. Kunal Pednekar for the Applicant Mr. A.A. Palkar, APP for the Respondent/State

CORAM

:

N.R. BORKAR, J.

DATE :

13.04.2023.

P.C. :

1.

This is an application under Section 439 of Code of Criminal Procedure for bail.

2.

The applicant came to be arrested in Crime No. 159 of 2019 registered at Dighi Police Station, for the offences punishable under Sections 302, 201 read with 34 of the Indian Penal Code. 3.

I have heard the learned counsel for the applicant and the learned APP for the Respondent/State.

4.

The deceased was landlord of the present applicant. According to the prosecution, the applicant had borrowed a certain amount from the deceased and the deceased was asking the applicant to return back the said amount. It is alleged that the present applicant was thus annoyed with the deceased and had planned to commit her murder. It is alleged that pursuant to Darshan P. Patil 1/2

921-ba-139-23.doc said plan, on the date of incident, which took place on 16 February 2019, the present applicant along with other co-accused committed the murder of the deceased.

5.

The case is based on circumstantial evidence. Prima facie, there appears to be no evidence in relation to the alleged motive. The applicant is in jail for more than 4 years and the trial has not yet commenced. Considering the overall facts and circumstances, I am inclined to release the applicant on bail. In the result, the following order is passed.

O R D E R

A] Application is allowed.

B] The Applicant- Shital @ Swapnali Giridhari Sonawane be released on bail, in C.R. No. 159 of 2019 registered at Dighi Police Station, for the offences punishable under Sections 302, 201 read with 34 of the Indian Penal Code, on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

[N.R.BORKAR, J.] Darshan P. Patil 2/2