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Bombay High CourtBA/213/2024application allowed

Mahdukar Nivrutti Rajbhoj v. The State Of Maharashtra

2024-03-26Hon'Ble Shri Justice S. G. Mehare2 pages

2024:BHC-AUG:6668 2-BA-213-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 213 OF 2024 MAHDUKAR NIVRUTTI RAJBHOJ

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Shailendra S. Gangakhedkar APP for Respondent : Ms. A. S. Mantri ...

CORAM : S. G. MEHARE, J.

DATE : 26-03-2024 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned A.P.P. for the respondent.

2.

The applicant seeks bail in Crime No.0060 of 2022 registered with Vazirabad Police Station, District Nanded, for the offences punishable under Sections 302, 307, 143, 147, 148, 149, 504 and 506 of the Indian Penal Code and Section 4/25 of the Arms Act. 3.

The grounds of successive bail application were not convincing. However, the learned counsel for the applicant submits that the applicant is 67 years old. His mother is on the death bed. He wanted to see and meet his mother as she is on the death bed.

2-BA-213-24.odt 4.

Learned A.P.P. submits that the witnesses are residing in the same area. The applicant wanted bail for trying to tamper the witnesses. Some offences against the co-accused have been registered. She may be correct. However, peculiar circumstances are to be considered. A very short bail of three days is being granted to the applicant to see and meet his mother who is on the death bed. However, considering submission of the learned A.P.P. certain stringent conditions may be imposed. Hence, the following order:-

ORDER

i) The application is allowed.

ii) Applicant Madhukar s/o. Nivrutti Rajbhoj be released on temporary bail, on furnishing PB and SB of Rs.50,000/-, with one solvent surety of the like amount, in the above crime for the aforesaid offences, on the following conditions; (a) He shall not misuse the liberty.

(b) He shall only go his home, meet his mother and immediately on the fourth day, surrender himself before the concerned jail authority, at 9.30 a.m.

(c) He shall not tamper with the prosecution witnesses. (d) He shall not meet the other co-accused during these three days.

( S. G. MEHARE ) JUDGE rrd