Pandurang Baba Padalkar v. The State Of Maharashtra

11-BA-2788-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2788 OF 2023 Pandurang Baba Padalkar ...

Applicant

Versus

The State of Maharashtra ...

Respondent .........

Mr. Aniket Ujjwal Nikam i/b Amit Icham for the Applicant. Mr. S. V. Gavand, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 7 OCTOBER 2023 P.C. :- This is an application under Section 439 of the Code of Criminal Procedure, 1973 for bail.

2.

The applicant came to be arrested in Crime No. 221 of 2021 registered at Pandharpur Taluka Police Station, District Solapur for the offences punishable under Sections 302, 324, 143, 147, 148, 149, 323, 504, 506 of the Indian Penal Code.

3.

There was a boundary dispute between the family of the deceased and the family of the present applicant. It is alleged that, on MJ Jadhav 1 / 2

11-BA-2788-23.odt 2 February 2021, on account of the said dispute, the present applicant and other co-accused assaulted the deceased by iron rod and committed his murder.

4.

The applicant is aged about 62 years and is in jail for about two and half years. The other co-accused are already released on bail. The trial has not yet commenced. 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 shall be released on bail in Crime No. 221 of 2021 registered at Pandharpur Taluka Police Station, District Solapur for the offences punishable under Sections 302, 324, 143, 147, 148, 149, 323, 504, 506 of the Indian Penal Code on furnishing PR bond in the sum of Rs. 25,000/- with one or two sureties in the like amount.

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