Ganesh Deoram Darekar v. State Of Maharashtra

910-BA-3076-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3076 OF 2022 Ganesh Deoram Darekar ...

Applicant

Versus

The State of Maharashtra ...

Respondent .........

Mr. Kuldeep Patil alongwith Mr. Premanand Torane, Mr. Arun Mokal and Mr. Aniket Poojari for the Applicant.

Ms. Veera Shinde, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 8 MARCH 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. 115 of 2022 registered at Khalapur Police Station, Raigad for the offences punishable under Sections 302, 120-B, 201, 465, 467, 468, 471 r/w. 34 of Indian Penal Code.

3.

I have heard the learned Counsel for the applicant and the learned APP for the State.

Kanchan P Dhuri 1 / 2

910-BA-3076-2022.odt 4.

The deceased was the uncle of the present applicant. The wife of the deceased was not residing with him. There were no other heirs to the deceased. It is alleged that the applicant, thus, with a view to grab the property of the deceased had hatched the conspiracy with co-accused to kill the deceased. It is alleged that pursuant to said conspiracy, the deceased was made to marry the co-accused. It is alleged that on the day of incident the deceased accompanied by the present applicant and coaccused were coming to Navi Mumbai by rickshaw from their village. It is alleged that the present applicant and other co-accused, while on the way to Navi Mumbai made the deceased to consume sleeping pills and he was then thrown out of the rickshaw, while he was unconscious. 5.

The case is based on circumstantial evidence. Initially accidental death was registered. During post-mortem examination, no external injuries were found on the body of the deceased. 6.

Considering the above facts, I am inclined to release the applicant on bail. Hence, the following order is passed : (i) Application is allowed.

(ii) The applicant - Ganesh Deoram Darekar be released on bail in Crime No. 115 of 2022 registered at Khalapur Police Station, Raigad for the offences punishable under Sections 302, 120-B, 201, 465, 467, 468, 471 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. by KANCHAN PRASHANT DHURI Date:

2023.04.19 14:21:43 +0530 KANCHAN PRASHANT DHURI ( N.R. BORKAR, J. ) Kanchan P Dhuri 2 / 2