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Bombay High CourtAPPLN/823/2015disposed off

Dinesh S/O Babusing Bisen v. The State Of Maharashtra

2015-02-26Hon'Ble Shri Justice M.T. Joshi3 pages

1 Cri. Appln. 823-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 823 OF 2015 Dinesh S/o Babusing Bisen, Age : 20 years, Occu.: Service, R/o : Jafrabad, Taluka : Jafrabad, District : Jalna (At present the applicant is in Aurangabad Central Prison, Harsool, Aurangabad, Taluka and District Aurangabad) .. Applicant/ Accused

VERSUS

The State of Maharashtra, Through the Police Inspector, Jafrabad Police Station, Jafrabad, Taluka : Jafrabad, District : Jalna .. Respondent .....

Mr. Rajendra S. Deshmukh, Advocate for the applicant Mr. S.P. Daund, APP for the respondent-State ......

CORAM : M.T. JOSHI, J.

DATED : 26/02/2015 ORAL ORDER :

1.

Heard both sides.

2.

The present applicant, who is arrested by Jafrabad Police Station, Tq. Jafrabad, Dist. Jalna

2 Cri. Appln. 823-2015 in Crime no. 91 of 2014 for the offence punishable under section 302 of the Indian Penal Code, is praying for his release on bail.

3.

Upon hearing both sides, it is gathered that the case is based on circumstantial evidence of the motive. Learned counsel for the applicant submits that the weapon allegedly used is a fiber rod while the post-mortem note would show that there was a split lacerated wound over posterior part of scalp causing fracture of occipital region.

4.

The FIR shows that for some unknown reason, the present applicant has caused the death. The applicant is a 20 years young man. The trial may take its own time.

5.

In the circumstances, the following order:- I) The Application is allowed.

II) The applicant be released on bail in Crime no. 91 of 2014 registered with Jafrabad Police

3 Cri. Appln. 823-2015 Station, Tq. Jafrabad, Dist. Jalna for the offence punishable under section 302 of the Indian Penal Code, upon his executing P.R. bond in the sum of Rs.20,000/- (Rs. Twenty Thousand) and also upon furnishing surety in the like amount.

III) The applicant shall not make any attempt to influence the prosecution witnesses in any manner. 6.

Application stands disposed of accordingly.

Hamdast granted.

[M.T. JOSHI] JUDGE arp/-