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Bombay High CourtBA/1829/2023allowed

Anandrao Savala Patil v. The State Of Maharashtra

2023-08-24Hon'Ble Shri Justice M. S. Karnik3 pages

2023:BHC-AS:24305

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1829 OF 2023 ANANDRAO SAVALA PATIL ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Mr. Satyavrat Joshi i/b. Mr. Ashish S. Vernekar for the applicant.

Mr. P. H. Gaikwad, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : AUGUST 24, 2023.

P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under Sections 302 read with 34 of the Indian Penal Code (hereafter 'IPC' for short) and under Section 4, 25 of Arms Act registered vide C.R. No.231 of 2021 with Kurlap Police Station, District Sangli.

3.

The FIR was lodged on 06.12.2021. The applicant is the accused no.1. The applicant was arrested on 06.12.2021. It is alleged that the applicant along with his 1/3

son committed brutal murder of a person on account of illicit relationship the deceased had with the wife of the accused No.2. The applicant is 70 years of age. The Hon'ble Supreme Court by an order dated 12.04.2023 has enlarged the accused No.2 on bail. The order reads thus :- "Leave granted.

We have heard learned Counsel for the appellant and learned Standing Counsel for the State.

The appellant was implicated in a FIR lodged on 06.12.2021 for offences punishable under Sections 302 read with 34 of the Indian Penal Code, 1860. The appellant was taken into custody immediately and the charge sheet was filed way back on 25.01.2022. The appellant has now suffered incarceration for more than 17 months.

The allegations in the FIR is that the appellant had committed the brutal murder of a person, allegedly on account of his illicit relationship with his wife.

Taking into account all the circumstances, we deem it fit to order the release of the appellant on bail. Hence, the appeal is allowed and the impugned order is set aside and the appellant is directed to be released on bail, subject to terms and conditions as imposed by the trial court. Pending application(s), if any, shall stand disposed of." 4.

In this view of the matter, even the applicant can be enlarged on bail. The investigation is complete. The chargesheet has been filed. There are no criminal antecedents reported against the applicant. Hence, the following order :-

O R D E R

(a) The application is allowed.

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(b) The applicant-Anandrao Savala Patil in connection with C.R. No.231 of 2021 registered with Kurlap Police Station, District Sangli shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.

(c) The applicant shall attend the Investigating Officer of the Kurlap Police Station, District Sangli once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m.

(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence.

(e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.

5.

The application is disposed of.

(M. S. KARNIK, J.) 3/3