Vitthal Dnyanoba Manmode v. State Of Maharashtra

35-BA-510-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2023.01.06 11:48:54 +0530 CRIMINAL APPELLATE JURISDICTION MANGALTAI JAYWANT JADHAV BAIL APPLICATION NO. 510 OF 2022 Vitthal Dnyanoba Manmode ...Applicant

Versus

The State of Maharashtra

...Respondent

.........

Mr. Satyam H. Nimbalkar a/w Mr. Abhishek Arote a/w Mr. Ashish Kachole for the Applicant.

Mr. Amit Palkar, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 14 DECEMBER 2022 P.C. :- This is an application under Section 439 of Code of Criminal Procedure.

2.

The applicant came to be arrested in Crime No. 1220 of 2019 registered at Hinjewadi police station for the offences punishable under Sections 302 read with 34 of Indian Penal Code and Section 4(25) of Arms Act and Section 37(1) read with 135 of Maharashtra Police Act.

3.

The deceased was the friend of the present applicant. According to the prosecution, the deceased used to send objectionable messages MJ Jadhav 1 / 2

35-BA-510-22.odt to the wife of present applicant. It is alleged that annoyed by the said act of the deceased, on 3 December 2019, the present applicant committed his murder.

4.

I have heard the learned counsel for the applicant and the learned APP for the respondent-State.

5.

Admittedly, the case is based on circumstantial evidence. The applicant is in jail for three years. Considering the 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. 1220 of 2019 registered at Hinjewadi police station for the offences punishable under Sections 302 read with 34 of Indian Penal Code and Section 4(25) of Arms Act and Section 37(1) read with 135 of Maharashtra Police Act on furnishing PR bond in the sum of Rs. 25,000/- with one two sureties in the like amount. ( N.R. BORKAR, J. ) MJ Jadhav 2 / 2