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Bombay High CourtBA/1534/2016bail granted

Mahesh Arjun Godse v. The State Of Maharashtra

2016-12-05Hon'Ble Shri Justice Nitin W. Sambre2 pages

(40) BA 1534-16 Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1534 OF 2016 Mahesh Arjun Godse .. Applicant Vs.

The State of Maharashtra .. Respondent Mr. Khan Fakhruddin for the Applicant.

Mrs. S. S. Kaushik, APP for the Respondent-State. CORAM : N. W. SAMBRE, J.

DATE : 5 th DECEMBER, 2016.

P. C. :

1.

This is an application seeking regular bail in Crime No.67 of 2016 for the offences punishable under Sections 302, 141, 142, 143, 146, 147, 149, 323, 504 of the Indian Penal Code.

2.

The investigation in the matter is already complete. Chargesheet is filed. There are no criminal antecedents. 3.

The statement of the eye witnesses Ramesh, Vijay to whom the present applicant claimed to have assaulted as is reflected in FIR does not speak of any direct participation of the applicant in the commission of crime punishable under Section 302 of the IPC. The cumulative effect as gathered from plain reading of the evidence of the eye witnesses, the applicant's false involvement cannot be ruled out. In view thereof, the 1/2

(40) BA 1534-16 case is made out for the bail.

4.

The applicant is released on P.R. Bond of Rs.25,000/- with one or two sureties in the like amount. The applicant shall not tamper with the prosecution evidence and influence the witnesses. The applicant shall appear before the Trial Court regularly. The applicant's absence before the Trial Court would entail him for cancellation of bail. [N. W. SAMBRE, J.] 2/2