Madhuri Sanjay Wayal v. The State Of Maharashtra And ANR

Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2023.04.01 16:02:01 +0530 MANGALTAI JAYWANT JADHAV 909-BA-1805-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1805 OF 2022 WITH INTERIM APPLICATION NO. 2515 OF 2022 Bharat Janaku Vayal ...Applicant

Versus

The State of Maharashtra

...Respondent

.........

Mr. Aniket Vagal a/w Mr. Kunal Pednekar a/w Mr. Divesh Mehani for the Applicant.

Mr. Heramb Kadam for the Intervener.

Ms Veera Shinde, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 31 JANUARY 2023 P.C. :- This is an application under Section 439 of the Code of Criminal Procedure, 1973 for bail.

2.

The applicant came to be arrested in Crime No. 577 of 2021 registered at Manchar Police Station for the offences punishable under Sections 302, 120-B of the Indian Penal Code. 3.

I have heard the learned counsel for the applicant and the learned APP for the respondent-State and the learned counsel for the complainant intervener.

MJ Jadhav 1 / 2

909-BA-1805-22.odt 4.

According to the prosecution, on 16 October 2021, the present applicant and other co-accused committed the murder of the deceased due to previous disputes.

5.

According to the prosecution, Shafiq Suleman Inamdar is an eyewitness to the alleged incident. 6.

I have perused the statement of said eye-witnesses. He has not attributed any role to the present applicant in the alleged incident. I am therefore inclined to release the applicant on bail. Hence, the following order is passed:

(i) Application is allowed.

(ii) The applicant- Bharat Janaku Vayal shall be released on bail in Crime No. 577 of 2021 registered at Manchar Police Station for the offences punishable under Sections 302, 120-B of the Indian Penal Code on furnishing PR bond in the sum of Rs. 25,000/- with one or two sureties in the like amount.

(iii) The applicant shall not enter into the limits of Taluka Ambegaon till conclusion of trial.

7.

Interim Application does not survive and the same is disposed of. ( N.R. BORKAR, J. ) MJ Jadhav 2 / 2