Rahul Ranaji Bhosale v. State Of Maharashtra

Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2023.05.22 13:01:42 +0530 MANGALTAI JAYWANT JADHAV 904-BA-2942-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2942 OF 2022 Rahul Tanaji Bhosale ...Applicant

Versus

The State of Maharashtra

...Respondent

.........

Mr. Shailesh Kharat for the Applicant.

Mr. Amit Palkar, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 24 FEBRUARY 2023 P.C. :- This is an application filed under Section 439 of the Code of Criminal Procedure, 1973 for bail.

2.

The applicant came to be arrested in Crime No. 1791 of 2020 registered at Yerwada Police Station, Pune for the offences punishable under Sections 302, 143, 144, 147, 148, 149, 188, 269, 323 of the Indian Penal Code, Section 3 of Epidemics Act, Section 51(B) of Disaster Management Act, Sections 37(1)(3)(4), 135 of Maharashtra Police Act and rule 11 of Covid-19 Rules, 2020.

3.

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

4.

The bail is sought on the ground of parity. In support of the said ground the learned counsel for the applicant has placed on record the order passed by the Additional Sessions Judge, Pune dated 3 October 2020 in Criminal Bail Application No. 3133 of 2020. By the said order, the MJ Jadhav 1 / 2

904-BA-2942-22.odt Additional Sessions Judge has released- Tayyab Ismail Shaikh on bail. 5.

I have perused the charge-sheet. According to the prosecution, on the date on incident, which took place on 25 May 2020, the present applicant and other co-accused assaulted the deceased by axe, etc. and committed his murder as dispute arose between them on account of some trivial issue.

6.

I have perused the statement of witnesses. The role attributed to the said co-accused- Tayyab Ismail Shaikh to whom the Sessions Court has granted bail and the present applicant appears to be identical. Considering the overall facts and circumstances, I am inclined to release the applicant on bail. Hence, the following order is passed: (i) Application is allowed.

(ii) The applicant- Rahul Tanaji Bhosale shall be released on bail in Crime No. 1791 of 2020 registered at Yerwada Police Station, Pune for the offences punishable under Sections 302, 143, 144, 147, 148, 149, 188, 269, 323 of the Indian Penal Code, Section 3 of Epidemics Act, Section 51(B) of Disaster Management Act, Sections 37(1)(3)(4), 135 of Maharashtra Police Act and rule 11 of Covid-19 Rules, 2020 on furnishing PR bond in the sum of Rs. 30,000/- with one or two sureties in the like amount.

(iii) The applicant shall attend the concerned police station once in a month i.e., on first Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of the trial.

( N.R. BORKAR, J. ) MJ Jadhav 2 / 2