Kishan Lachanna Srirame v. The State Of Maharashtra

950-BA.135-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 950 BAIL APPLICATION NO.135 OF 2023 KISHAN LACHANNA SRIRAME

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Shinde Shrikishan S. APP for Respondent-State : Mr. S. B. Narwade. ...

CORAM : S. G. MEHARE, J.

DATE : 01.02.2023 PER COURT :- [ 1.

Heard the learned counsel for the applicant and the learned APP for the respondent-State.

2.

The accused has been arrested in the case alleging that he assaulted and killed the deceased with bricks and fists. The deceased found died in the courtyard of his house. The prosecution has one eye witness Krushna, a grandson of the deceased. However, his statement was recorded after three days of the incident. The statement is not similar to what he has allegedly told to the first informant. There is no incriminating evidence against the applicant. He appears to have been arrested on suspicion. The charge sheet has been filed. There are no antecedents to his discredit. Considering the material placed on record and discrepancy in the

950-BA.135-23.odt statements on facts, the Court is of the view that the application deserves to be allowed. Hence, the following order:

O R D E R

(i) Bail Application is allowed.

(ii) Applicant KISHAN LACHANNA SRIRAME be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount, in Crime No.94 of 2022, registered by Police Station Kundalwadi, District Nanded, for the offences punishable under Sections 302 read with Section 34 of the IPC, on the following conditions :

(a) The applicant shall not tamper with the prosecution witnesses.

(b) He shall not contact any of the witnesses. (c) He shall attend the Police Station as and when called by the Investigating Officer on written notice.

(d) He shall stay away from his village for three

(3) months from the date of his release.

(S. G. MEHARE, J.) ...

vmk/-