Krishna Sakharam Waghmare v. The State Of Maharashtra

924-BA-3229-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3229 OF 2022 Krishna Sakharam Waghmare ...

Applicant

Versus

The State of Maharashtra ...

Respondent .........

Mr. Ganesh Gupta instructed by G.G. Legal Associates for the Applicant. Mr. S.S. Hulke, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 20 JANUARY 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. 48 of 2022 registered at Pen Police Station, Raigad for the offence punishable under Section 302 of Indian Penal Code.

3.

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

4.

The daughter of the deceased was the wife of the son of the present applicant. There was matrimonial dispute between the daughter of Kanchan P Dhuri 1 / 2

924-BA-3229-2022.odt the deceased and the son of the applicant. The daughter of the deceased was thus residing with him. According to the prosecution, the deceased was asking the applicant to execute the bond that they would not ill-treat her and then only he would send his daughter to co-habit with them. It is alleged that the applicant was thus annoyed with the deceased and committed his murder on 21 March 2022. The FIR was lodged only on the basis of suspicion. According to the prosecution, there is a child eyewitness to the incident. However, his statement came to be recorded more than 20 days after the alleged incident. 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 - Krishna Sakharam Waghmare be released on bail in Crime No. 48 of 2022 registered at Pen Police Station, Raigad for the offence punishable under Section 302 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.

( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date: 2023.03.08 14:52:04 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2