Nishant Ashok Gunjal @ Gotya v. State Of Maharashtra

1/1 3 BA 2719-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2719 OF 2023 Nishant Ashok Gunjal @ Gotya ..

Applicant

Versus

State of Maharashtra ..

Respondent Mr.Keshav Chavan for the applicant.

Ms.Mahalaxmi Ganapathy, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 3rd APRIL, 2024 P.C:- On 13/10/2022, the application was withdrawn, when I expressed my disinclination to entertain the same and specifically in the wake of the observations made by me in case of co-accused Sunny Suresh Jagtap.

For the second time once again, I have perused the charge-sheet with the able assistance of the counsel for the applicant and the learned APP, but I cannot arrive at a conclusion different than one which was formed by me on 13/10/2022.

The applicant faces accusations with the aid of Section 120 B r/w 34 of IPC and coupled with Sections 143, 147, 148, 149 and is accused of committing murder. His role has clearly surfaced in the charge-sheet and merely he has been incarcerated for last four years and that he is of young age, in my considered opinion is not a ground to set him at liberty, when prima facie case is made out against him in the charge-sheet.

For the aforesaid, the application is rejected. (SMT. BHARATI DANGRE, J.) Ashish