Ganesh Shivaji Chavan v. State Of Maharashtra
921-BA-2622-2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2622 OF 2022 Ganesh Shivaji Chavan ...
Applicant
Versus
State of Maharashtra ...
Respondent .........
Mr. Ashish Satpute alongwith Mr. Devendra Avhad and Ms. Ruchika Indulkar instructed by Mr. Umesh Iyer for the Applicant. Mr. S.S. Hulke, APP for the State.
.........
CORAM : N.R. BORKAR, J.
DATED : 20 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. 328 of 2020 registered at Pune Lohmarg Police Station, Pune for the offence punishable under Sections 302, 147, 148, 323, 504 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.
On the date of alleged incident, which took place on 13 Kanchan P Dhuri 1 / 2
921-BA-2622-2022.odt February 2020, the deceased was travelling from Pune to Kurundwadi by train. It appears that dispute arose between the deceased and accused on account of some trivial issue and during the said dispute, it is alleged that the present applicant and other co-accused assaulted the deceased by sticks, fist and kick blows and committed his murder. There are in all 13 accused. The learned Counsel for the applicant submits that 9 accused have been granted bail. The learned APP has not disputed the said position. Even otherwise prima facie, the incident does not appear to be premeditated. Considering the overall facts and circumstances of the case, I am inclined to release the applicant on bail. Hence, the following order is passed : (i) Application is allowed.
(ii) The applicant - Ganesh Shivaji Chavan be released on bail in Crime No. 328 of 2020 registered at Pune Lohmarg Police Station, Pune for the offence punishable under Sections 302, 147, 148, 323, 504 r/w. 34 of Indian Penal Code on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.
( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date:
2023.03.08 14:52:14 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2