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Bombay High CourtBA/1463/2019disposed off

Deepak Shrirang Sonawane v. The State Of Maharashtra

2021-10-30Hon'Ble Shri Justice Nitin W. Sambre2 pages

1.1463.19 BA.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IRESH SIDDHARAM MASHAL CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1463 OF 2019 by IRESH SIDDHARAM MASHAL Date: 2021.11.01 14:31:32 +0530 DEEPAK SHRIRANG SONAWANE ....APPLICANT V/s.

THE STATE OF MAHARASHTRA .....RESPONDENT WITH INTERIM APPLICATION NO. 378 OF 2020 IN CRIMINAL BAIL APPLICATION NO. 1463 OF 2019 JITENDRA GULAB SONAWANE ....APPLICANT

IN THE MATTER BETWEEN

DEEPAK SHRIRANG SONAWANE ....APPLICANT V/s.

THE STATE OF MAHARASHTRA .....RESPONDENT Mr. Veerdhaval Deshmukh advocate for the Applicant Ms. P. P. Shinde APP for the State None for intervenor CORAM :

NITIN W. SAMBRE, J.

DATE:

30th OCTOBER, 2021.

P.C.:

1] Heard. Earlier bail application of the applicant who is charged for offence punishable under Section 302 of the Indian Penal Code 1/2

1.1463.19 BA.doc having murdered his own cousin brother was withdrawn on 06/02/2019.

2] Material available on the record against the applicant is, recovery of blood stained clothes under Section 27 of the Indian Evidence Act and another eye witness stating that applicant was carrying sword before the incident. Mens rea based on earlier differences between the deceased and the applicant can be inferred from the statement of very blood relatives of the applicant. 3] In the aforesaid background, in my opinion, no case for bail is made out. Application as such fails, stands rejected. 4] Since the charge is framed and the offence alleged was registered on 16/11/2017 i.e. almost for last 5 years, hearing of the trial is expedited.

[NITIN W. SAMBRE, J.] 2/2