Hemant Baburao Wadekar v. The State Of Maharashtra

917-BA-343-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 343 OF 2022 Hemant Baburao Wadekar ...

Applicant

Versus

The State of Maharashtra ...

Respondent .........

Mr. Satyam Nimbalkar alongwith Mr. Abhishek Arote, Mr. Omkar Chitale and Mr. Ashish Kachole for the Applicant.

Ms. Rutuja Ambekar, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 16 FEBRUARY 2023 P.C. :- .

This is an application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail.

2.

The applicant came to be arrested in Crime No. 4 of 2021 registered at Khed Police Station, Pune for the offences punishable under Section 302 r/w. 34 of Indian Penal Code.

3.

I have heard the learned Counsel for the applicant and the learned APP for the State.

4.

According to the prosecution, the present applicant and other Kanchan P Dhuri 1 / 2

917-BA-343-2022.odt co-accused committed the murder of the deceased on account of dispute in relation to some land/financial transaction.

5.

I have perused the statement of Sameer Balasaheb Kotwal. It appears from his statement that the motive for the alleged crime is attributed to the co-accused Sunil Pawar. The case is based on circumstantial evidence. The applicant is in jail for more than two years. 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 - Hemant Baburao Wadekar be released on bail in Crime No. 4 of 2021 registered at Khed Police Station, Pune for the offences punishable under Section 302 r/w. 34 of Indian Penal Code, on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

(iii) The applicant shall attend the concerned police station once in a month i.e. on first Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of trial.

( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date:

2023.05.12 15:45:05 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2