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Bombay High CourtBA/3202/2022disposed off

Mohammad Ahmad Munwar Husain v. The State Of Maharashtra

2023-04-17Hon'Ble Shri Justice N. R. Borkar2 pages

57-ba-3202-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3202 OF 2022 Mohammad Ahmad Munwar Husain ...Applicant V/s.

The State of Maharashtra

...Respondent

Mr. Amit Ghag for the Applicant.

Ms. Rutuja Ambekar, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

17.04.2023 P.C. :

1.

This is an application under Section 439 of Code of Criminal Procedure for bail.

2.

The applicant came to be arrested in Crime No. 167 of 2022 registered at Neral Police Station, District Raigad, for the ofences punishable under Sections 302, 201 read with 34 of the Indian Penal Code (IPC).

3.

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

4.

According to the prosecution, on the date of incident, which took place on 25 May 2022, dispute arose between the deceased and the co-accused Dinesh Kevat, while they were consuming liquor. It is alleged that during the said dispute, the said coaccused Dinesh Kevat assaulted the deceased by iron pipe and committed his murder.

Darshan P. Patil 1/2

57-ba-3202-22.doc 5.

According to the prosecution, the present applicant had helped the said co-accused Dinesh Kevat in his act namely to burn the dead body.

6.

The applicant is in jail for about ten months. There are no other criminal antecedents. Considering the overall facts and circumstances, I am inclined to release the applicant on bail. In the result, the following order is passed.

O R D E R

A] Application is allowed.

B] The applicant- Mohammad Ahmad Munwar Husain be released on bail, in C.R. No. 167 of 2022 registered at Neral Police Station, District Raigad, for the ofences punishable under Sections 302, 201 read with 34 of the IPC, on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount. [N.R.BORKAR, J.] Darshan P. Patil 2/2