Sunil @ Sanjay Sidhu Koli v. State Of Maharashtra

914-BA-573-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 573 OF 2022 Sunil @ Sanjay Sidhu Koli ...

Applicant

Versus

State of Maharashtra ...

Respondent .........

Mr. Shailesh Chavan alongwith Mr. Jitendra Sawant and Mr. Vaibhav Medankar for the Applicant.

Ms. Veera Shinde, APP for the State.

HC Sandeep Lohakare, Khed Police Station, Pune, present. .........

CORAM : N.R. BORKAR, J.

DATED : 12 JANUARY 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. 475 of 2021 registered at Khed Police Station, Pune for the offence punishable under Sections 302, 201, 120-B r/w. 34 of Indian Penal Code. 3.

The present applicant is accused No.5 in the aforesaid crime. The deceased was the husband of accused No.2. According to prosecution, as the accused No.2 had illicit relations with accused No.1, the deceased used to beat her. It is alleged that the accused Nos.1 and 2, therefore, had Kanchan P Dhuri 1 / 2

914-BA-573-2022.odt hatched the conspiracy with present applicant and other co-accused to commit the murder of the deceased. It is alleged that pursuant to the said conspiracy the present applicant and other co-accused committed the murder of deceased on 26 June 2021 and with a view to cause disappearance of the evidence, they threw his body into the river. 4.

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

5.

The case is based on circumstantial evidence. No motive is attributed to the present applicant. 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 - Sunil @ Sanjay Sidhu Koli be released on bail in Crime No. 475 of 2021 registered at Khed Police Station, Pune for the offence punishable under Sections 302, 201, 120-B 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.

( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date: 2023.02.20 14:27:22 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2