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Bombay High CourtBA/2791/2023allowed

Deepak @ Pappu Satgonda Patil v. State Of Maharashtra

2023-10-07Hon'Ble Shri Justice M. S. Karnik4 pages

2023:BHC-AS:29576

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2791 OF 2023 DEEPAK @ PAPPU SATGONDA PATIL ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Pratik G. Tare a/w Adv. Sachin Y. Mane a/w Adv. Kedar J. Patil for the Applicant.

Mr. N. B. Patil, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : OCTOBER 07, 2023 P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under Sections 324 read with 34 of the Indian Penal Code (hereafter 'IPC' for short) registered on 05.03.2023 vide C.R. No.115 of 2023 with Shivaji Nagar Police Station, District Kolhapur.

3.

The date of the incident is 01.03.2023. The applicant is the accused no.1. The husband of the informant was assaulted by the applicant and three unknown persons. Initially the FIR came to be registered against the applicant 1/4

and three unknown persons under Sections 324, 34 of the IPC. The victim died on 08.03.2023 and hence Section 302 of the IPC came to be added. The applicant was arrested on 09.03.2023. It is the prosecution case that the deceased suspected that the applicant had an illicit relationship with his wife over which there was some exchange of words that took place on the date of the incident between the deceased and the applicant. The applicant slapped the deceased. Thereafter, the accused No.2 picked up a wooden log and gave a blow on the head of the victim. The victim was then taken to the hospital.

4.

Learned APP opposed the application for bail contending that even the applicant is actively involved in the crime and his role is implicit.

5.

In the facts and circumstances of the present case, considering that the investigation is complete and the charge-sheet has been filed, having regard to the nature of the role assigned to the applicant, I am inclined to enlarge the applicant on bail. There are no criminal antecedents reported against the applicant. Hence, the following order :- 2/4

O R D E R

(a) The application is allowed.

(b) The applicant-Deepak @ Pappu Satgonda Patil in connection with C.R. No.115 of 2023 registered with Shivaji Nagar Police Station, District Kolhapur shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.

(c) The applicant shall attend the Investigating Officer of Shivaji Nagar Police Station, District Kolhapur once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m.

(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence. (e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.

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6.

The application is disposed of.

(M. S. KARNIK, J.) 4/4