Shankar Chandrakant Nagvekar v. The State Of Maharashtra

BA.3312-2018.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3312 OF 2018 Shankar Chandrakant Nagvekar ..Applicant Vs The State of Maharashtra & Anr.

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..Respondents ----- Mr. Vikas Kapile for Applicant.

Mr. S.S. Hulke, APP for State.

CORAM : A.S.GADKARI, J.

DATE : 19th March 2019.

P.C.:

1] This is an application under Section 439 of Cr. P.C. for bail in CR No. 285 of 2017 dated 6.11.2017 registered with Dadar Police Station, Mumbai under section 302 of the Indian Penal Code.

2] Heard the learned counsel for the applicant and the learned APP. Perused the chargesheet.

3] It is the prosecution case that, due to earlier quarrel, the applicant committed murder of Sunil Ahewar @ Sunil Panjabi by using a square shape cement block and smashed his head. During the course of investigation, the applicant came to be arrested on 7.11.2017 and after completion of investigation, the police have submitted chargesheet.

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BA.3312-2018.doc 4] Perusal of chargesheet would indicate that, except one witness who saw the applicant coming from the direction of the place of incidence, there is no other evidence on record to connect the applicant with the present crime. The applicant has been arrested on the basis of suspicion. The investigation of the present crime is completed and the police have submitted chargesheet. In view thereof, further incarceration of the applicant is not necessary and the applicant can be released on bail.

Hence the following Order:- i] Applicant be released on bail in CR No. 285 of 2017 registered with Dadar Police Station, Mumbai on his furnishing PR bond of Rs.20,000/- with one or two solvent local sureties in the like amount; ii] The applicant shall also attend all the dates before the Trial Court unless precluded for medical reasons.

iii] In case of two consecutive defaults, the Investigating Officer is at liberty to file an application for cancellation of bail. 5] Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 2/2