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Bombay High CourtBA/196/2023allowed

Pradeep Shantaram Tulve v. State Of Maharashtra

2023-02-28Hon'Ble Shri Justice N. R. Borkar2 pages

Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2023.05.22 15:43:45 +0530 MANGALTAI JAYWANT JADHAV 909-BA-196-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 196 OF 2023 Pradeep Shantaram Tulve ...Applicant

Versus

The State of Maharashtra

...Respondent

.........

Mr. Shailesh Kharat for the Applicant.

Mr. Amit Palkar, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 28 FEBRUARY 2023 P.C. :- This is an application filed under Section 439 of the Code of Criminal Procedure, 1973 for bail.

2.

The applicant came to be arrested in Crime No. 37 of 2022 registered at Talegaon Dabhade Police Station, Pune for the offences punishable under Sections 302, 201 r/w 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.

According to the prosecution, on the date of incident, which took place on 19 January 2022, the present applicant and other co-accused assaulted the deceased by stick, etc. and committed his murder as MJ Jadhav 1 / 2

909-BA-196-23.odt according to the prosecution, the deceased used to stalk and harass the coaccused Rohini Awale. 5.

The case is based on circumstantial evidence. There are in all seven accused. Almost all are released on bail. Considering the overall facts and circumstances of the case, I am inclined to release the applicant on bail. Hence, the following order is passed:

(i) Application is allowed.

(ii) The applicant shall be released on bail in Crime No. 37 of 2022 registered at Talegaon Dabhade Police Station, Pune for the offences punishable under Sections 302, 201 r/w 34 of the Indian Penal Code on furnishing PR bond in the sum of Rs. 25,000/- with one or two sureties in the like amount.

( N.R. BORKAR, J. ) MJ Jadhav 2 / 2