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Bombay High CourtBA/2291/2021disposed off

Milind Chandrakant Aalhat v. The State Of Maharashtra

2023-01-02Hon'Ble Shri Justice N. R. Borkar2 pages

31-BA-2291-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2291 OF 2021 Milind Chandrakant Aalhat ...

Applicant

Versus

The State of Maharashtra ...

Respondent .........

Mr. Rajaram Bansode for the Applicant.

Mr. S.S. Hulke, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 2 JANUARY 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. 308 of 2020 registered at Bhosari Police Station, for the offences punishable under Sections 302, 201 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 18 June 2020 the present applicant and other co-accused assaulted the deceased by stone and committed his murder.

Kanchan P Dhuri 1 / 2

31-BA-2291-2021.odt 5.

This Court by order dated 17 May 2021 in Criminal Bail Application No.520 of 2021 granted bail to the co-accused Ashish Kolhe. The motive for alleged crime is not attributed to the present applicant. Admittedly, the case is based on circumstantial evidence. The applicant is in jail for more than 21⁄2 years. Considering these facts, I am inclined to release the applicant on bail. Hence, the following order is passed : (i) Application is allowed.

(ii) The applicant - Milind Chandrakant Aalhat be released on bail in Crime No. 308 of 2020 registered at Bhosari Police Station, for the offences punishable under Sections 302, 201 r/w. 34 of Indian Penal Code on furnishing P.R. Bond in the sum of Rs.30,000/- with one or two sureties in the like amount.

( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date: 2023.01.16 18:56:41 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2