Shri. Madhukar Navji Ravate, v. The State Of Maharashtra

Sherla V.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.481 OF 2015 Shri Madhukar Navji Ravate ... Applicant Vs.

The State of Maharashtra ... Respondent Mr.U.B. Nighot for the Applicant Mr.D.P. Adsule, APP, for Respondent - State CORAM: MRS.MRIDULA BHATKAR, J.

DATE: MARCH 23, 2015 P.C.:

1.

The application is moved for bail. He is prosecuted for the offence of murder and also for other offences punishable under sections 143, 147, 148, 149, 144, 447, 323, 504, 506 and 324 of the Indian Penal Code. There was a dispute on account of a land and encroachment thereon between Ravate and Radhe families residing at Ghatghar, Junnar, Pune. On 30.10.2014 at around 11am, the members of the Ravate family and the co-accused including the applicant/accused armed with weapons attacked the family members of Radhe family in which one Maruti Laxman Radhe succumbed to the injuries on 31.10.2014. The applicant/accused is arrested on 20.12.2014 and he is in custody. Hence this application for bail.

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2.

The learned Counsel for the applicant/accused has submitted that the name of the applicant/accused is not mentioned in the group of 12 accused persons, who have initiated the assault. He submitted that the role attributed to the applicant/accused is very limited of assaulting one Navji Deoji Radhe. He submitted that there is no other evidence against him as also there are no criminal antecedents. 3.

The learned Prosecutor has opposed the application. He relied on the medical certificate of Navji Deoji Radhe. He confirmed that there is no history of criminal record against the applicant/accused. 4.

Perused the FIR and the other statements. The role attributed to the applicant/accused is that he assaulted on one Navji Deoji Radhe alongwith other accused persons. He was assaulted with sticks and hand blows. There is no specific mention as to whether the applicant/accused was holding any weapon or not. On perusal of the medical certificate of Navji Radhe, it is found that one injury of simple nature was sustained by him.

5.

In view of the above, I am inclined to grant bail to the applicant/accused on the following conditions: i) The applicant/accused shall be released on bail upon furnishing P.R. Bond in the sum of Rs.15,000/-, with one or two 2 / 3

solvent sureties in the like amount;

ii) The applicant shall not pressurise the witnesses or tamper with the evidence;

iii) The applicant shall not indulge into any kind of offence while on bail;

iv) In case the applicant/accused changes his address, he shall communicate the same to the concerned police station, immediately;

v) The applicant/accused shall attend on all the Court dates. 6.

The bail application is disposed of on the above terms. (MRS.MRIDULA BHATKAR, J.) 3 / 3