Laxman S/O Shrirang Gunjite v. The State Of Maharashtra

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 94 OF 2015 Laxman s/o. Shrirang Gunjite ....Applicant.

Versus

The State of Maharashtra ....Respondents.

Mr. S.S. Panale, Advocate for applicant.

Mr. A.V. Deshmukh, APP for State.

CORAM : T.V. NALAWADE, J.

DATED : 30th January, 2015.

ORDER :

1.

The application is filed for relief of bail. Both the sides are heard. This Court has perused the papers of investigation.

2.

The crime is registered on the basis of report given by brother of deceased. One Mahadevi, the widow of the deceased, had illicit relations with the main accused Parmeshwar Patil. There is allegation that Mahadevi, Parmeshwar Patil and present applicant joined hands for finishing the deceased. There are allegations that present applicant was in the company of the deceased on the day of the incident i.e. 2.4.2014 and they had

together taken meals in one hotel. There is such statement to that effect of one Birbal Survase. One Avinash Yerte had seen the present applicant driving the auto of deceased, but he had not seen the deceased in the company of present applicant. The dead body of deceased was found in the field of the main accused and it was in concealed condition.

3.

The learned counsel for the applicant has produced copy of bail order made by other Hon'ble Judge of this Court in favour of Parmeshwar Patil, the main accused, against whom there is material on motive and in whose field, the dead body was found.

4.

In view of the aforesaid circumstances and nature of material collected against the present applicant, this Court holds that applicant needs to be granted bail.

5.

In the result, the application is allowed. The applicant is to be released on bail on his furnishing PR and SB of Rs. 20,000/- (Rupees twenty thousand) with one solvent surety of like amount. He is not to tamper with the prosecution witnesses. He is not to commit similar offfence. He is not to enter the territorial limits of village Yellori, Tahsil Ausa, District Latur for

the period of three years or till the disposal of the case whichever occurs earlier, without prior permission of the trial Court.

[ T.V. NALAWADE, J. ] ssc/