Maroti Shankarrao Sontakke v. The State Of Maharashtra

912-ba-218-2023.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.218 OF 2023 MAROTI SHANKARRAO SONTAKKE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Prashant Prabhakar Giri APP for Respondent/State : Mr. S.P. Sonpawale ...

CORAM : S.G. MEHARE, J.

DATED : MARCH 14, 2023 PER COURT:- 1.

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

2.

It has been alleged against the applicant that he killed his mother as she was not allowing him to sell the house. The deceased was killed with bricks. The prosecution has a evidence that the applicant used to quarrel with the deceased mother and forcing her to allow him to sell the house. The applicant has placed on record the document showing that his name and his wife'

s name is entered in the tax assessment form. It is not the document showing of ownership. The said property was inherited from the father of the applicant so naturally, the mother had interest and share in the house property. However, there is no direct evidence against the applicant that he assaulted the deceased and killed her, except the past incident of quarrel with the mother. The prosecution also has no

912-ba-218-2023.odt (2) circumstantial evidence to keep the applicant behind bar for further period. Hence, the following order :

ORDER

(i) Bail Application is allowed.

(ii) The applicant, Maroti Shankarrao Sontakke, be released on bail on executing P.B. and S.B. of Rs.50,000/- (Rupees fifty thousand) with one solvent surety in the like amount in connection with Crime No.138 of 2022, registered with Chudawa Police Station, District Parbhani for the offence punishable under Section 302, 120 of the Indian Penal Code, on the condition that he shall not tamper with the prosecution witnesses.

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