Maruti Machindra Kale v. The State Of Maharashtra

(10) BA-1169-19.doc BDP-SPS BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL BAIL APPELLATE JURISDICTION BHARAT DASHARATH PANDIT Date: 2021.07.22 18:55:52 +0530 BAIL APPLICATION NO.1169 OF 2019 Martuti Machindra Kale ......Applicant.

V/s The State of Maharashtra ........Respondent ALONGWITH CRIMINAL APPLICATION NO.724 OF 2019 (For Intervention) IN BAIL APPLICATION NO.1169 OF 2019 Sunita Nagnath Ghalake ...... Applicant/ Intervener In the matter between.

Maruti Machindra Kale ..... Applicant.

V/s The State of Maharashtra ..... Respondent.

---- Mr. Sushant S. Prabhune for the Applicant in Bail Application. Mr. Ghansham Jadhav for the Intervener and Applicant in APPP No.724 of 2019.

Ms. Sharmila S. Kaushik, APP for the Respondent-State. ----- CORAM: NITIN W. SAMBRE, J.

DATE: JULY 16, 2021 P.C.:- 1] In Crime No.524 of 2017 punishable under Sections 302, 307, 452, 323, 504,506 read with section 34 of IPC, Applicant 1/2

(10) BA-1169-19.doc was arrested on 11/8/2017 and charge against the Applicant is already framed. This Court since was not inclined to grant bail to the Applicant on merit, vide order dated 31/1/2019 permitted the Applicant to withdraw the bail application. 2] Trial against the Applicant has already commenced. Apart from that, there are eye witnesses to the ofence in question viz.Nagnath,one Nikam and the complainant herself i.e. Sunita. There is a strong prima facie case against the Applicant as refected in the statement of aforesaid witnesses. No case for bail is made out. Application is rejected. Consequently, Criminal Application No.724 of 2019 taken out therein does not survive and the same is also disposed of.

( NITIN W. SAMBRE, J. ) 2/2