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Bombay High CourtBA/2106/2021allowed

Balaji Ashok Patil v. The State Of Maharashtra

2021-10-27Hon'Ble Shri Justice Nitin W. Sambre2 pages

Dusane 1/2 48 BA 2106.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2106 OF 2021 BHALCHANDRA GOPAL DUSANE BHALCHANDRA GOPAL DUSANE Date: 2021.10.27 19:41:31 +0530 Balaji Ashok Patil ....

Applicant Vs.

The State of Maharashtra ....

Respondent Ms. Misbaah Solkar for Applicant.

Mr. A.R. Kapadnis, APP for State.

IO, PI, Mohite and PSI R.K. Jadhav, Shil Daighar Police Station. Coram : NITIN W. SAMBRE, J.

Date : 27TH OCTOBER, 2021 P.C.:

1.

The applicant is seeking regular bail Crime No. 359 of 2020, registered with Daighar Police Station, for an offence punishable under Sections 302, 201 read with 34 of the Indian Penal Code. The applicant was arrested on 21st July, 2020 and is already charge-sheeted. 2.

The prosecution story is, the applicant alongwith his three brothers murdered their real sister-Pratibha. The case of the

Dusane 2/2 48 BA 2106.21.doc prosecution is based on the circumstantial evidence. The investigation carried out till date depicts that the role attributed to the applicant is at the most punishable under Section 201 of Indian Penal Code and it is not claimed that the applicant is directly involved in the offence under Section 302 of the Indian Penal Code. That being so, in my opinion, a case for grant of regular bail is made out. The application is allowed on following conditions :

O R D E R

(i) The applicant be released on bail in Crime No. 359 of 2020, registered with Daighar Police Station, for an offence punishable under Sections 302, 201 read with 34 of the Indian Penal Code, on furnishing P.R. bond in the sum of Rs.15,000/- with one or more sureties in the like amount.

(ii) The applicant shall neither influence the prosecution witnesses in any manner nor tamper with the evidence. ( NITIN W. SAMBRE, J. )