Vaibhav Vishnu Shejal v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 752 OF 2022 Vaibhav Vishnu Shejal ...Applicant V/s.

The State of Maharashtra

...Respondent

WITH INTERIM APPLICATION NO. 2277 OF 2022 IN BAIL APPLICATION NO. 752 OF 2022 Chaitanya Sakharam Patole ...Intervenor

IN THE MATTER BETWEEN

Vaibhav Vishnu Shejal ...Applicant V/s.

The State of Maharashtra

...Respondent

Mr. Umesh Pawar, for the Applicant in BA- 752/2022. Ms. Veera Shinde, APP, for the Respondent/State. Mr. Vikramsingh Pormar i/b Sonecha Chirag, for the intervenor. Mr. Ashok Bhagwan Koli, Police Hawaldar- MIDC Kupwad Sangli Police Station, present.

CORAM :

N.R. BORKAR, J.

DATE :

09.12.2022.

P.C. :

This is an application under Section 439 of Code of Criminal Procedure for bail.

2.

The applicant came to be arrested in Crime No. 103 of 1/3

2/3 2020 registered at MIDC Kupwad Police Station, for the offences punishable under Sections 302, 307, 120(B), 143, 147, 148, 149, 109 of the Indian Penal Code and Section 4 read with 25 of the Arms Act. 3.

According to the prosecution, on 10 July 2020, the present applicant and other co-accused assaulted the deceased by koyta and committed his murder on account of previous enmity. 4.

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

5.

I have perused the charge-sheet and the statement of injured eye witness. According to the prosecution, the present applicant was with the co-accused, when they assaulted the deceased by koyta. However, admittedly the applicant was not carrying any weapon. No over tact is attributed to the present applicant in crime in question. Considering these facts and circumstances, I am inclined to release the applicant on bail. In the result, the following order is passed:

ORDER

A) The Application is allowed.

B) The applicant be released on bail in Crime No. 103 of 2020 2/3

3/3 registered at MIDC Kupwad Police Station, for the offences punishable under Sections 302, 307, 120(B), 143, 147, 148, 149, 109 of the Indian Penal Code and Section 4 read with 25 of the Arms Act, on furnishing P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

C) The applicant shall not enter into the limits of Waghmode Nagar, Kupwad, Taluka : Miraj, District : Sangli, till the conclusion of trial.

6.

In view of disposal of the bail application, the intervention application does not survive and same stands disposed of. [N.R.BORKAR, J.] 3/3