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Bombay High CourtBA/1672/2022disposed off

Mahesh Prakash Kamble v. State Of Maharashtra

2023-03-21Hon'Ble Shri Justice N. R. Borkar2 pages

39-BA-1672-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1672 OF 2022 Mahesh Prakash Kamble ...

Applicant

Versus

The State of Maharashtra ...

Respondent .........

Ms. Rui Danawala instructed by Mr. Umesh Mankapure for the Applicant. Mr. Amit Palkar, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 21 MARCH 2023 P.C. :- .

This is an application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail.

2.

The applicant came to be arrested in Crime No. 218 of 2021 registered at Sanjay Nagar Police Station, Sangli for the offences punishable under Sections 302, 364 r/w. 34 of Indian Penal Code. 3.

I have heard the learned Counsel for the applicant and the learned APP for the State.

4.

According to the prosecution, on the date of incident, which Kanchan P Dhuri 1 / 2

39-BA-1672-2022.odt took place on 30 November 2021 the present applicant and other coaccused assaulted the deceased by fist and kick blows and committed his murder due to dispute in relation to some financial transaction. 5.

The case is based on circumstantial evidence. It appears from the statement of witnesses that at the time of alleged incident, the deceased was under the influence of liquor. No bleeding injury was found on the person of the deceased. 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 - Mahesh Prakash Kamble be released on bail in Crime No. 218 of 2021 registered at Sanjay Nagar Police Station, Sangli for the offences punishable under Sections 302, 364 r/w. 34 of Indian Penal Code, on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date: 2023.06.05 16:03:11 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2