Satish Popat Shingade v. The State Of Maharashtra

by MANGALTAI JAYWANT JADHAV Date: 2023.07.10 14:24:37 +0530 MANGALTAI JAYWANT JADHAV 926-BA-530-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 530 OF 2023 Satish Popat Shingade ...Applicant

Versus

The State of Maharashtra

...Respondent

.........

Mr. Prashant Hagare for the Applicant.

Ms. Rutuja Ambekar, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 19 APRIL 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. 326 of 2022 registered at Walchandnagar Police Station, Pune for the offences punishable under Section 302, 341 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 9 January 2022, the present applicant assaulted the deceased by iron rod and committed his murder due to previous dispute. MJ Jadhav 1 / 2

926-BA-530-23.odt 5.

It appears that initially accidental death was registered and First Information Report came to be registered on 21 July 2022 i.e., after six months. According to the prosecution, Santosh Suryawanshi is one of the eye-witnesses to the alleged incident. I have perused his statement. According to him, after the alleged incident, he took the deceased to the hospital. If this so then, it is not understood as to why he and other eyewitnesses had not disclosed about the alleged incident to the police for six months.

6.

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. 326 of 2022 registered at Walchandnagar Police Station, Pune for the offences punishable under Section 302, 341 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.

(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 the trial.

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