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Bombay High CourtBA/363/2023application allowed

Ramesh Rukhmaji Hatagale v. The State Of Maharashtra

2023-03-15Hon'Ble Shri Justice S. G. Mehare2 pages

935-BA.363-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 BAIL APPLICATION NO.363 OF 2023 RAMESH RUKHMAJI HATAGALE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Gangakhedkar Shailendra S. APP for Respondent-State : Mr. S. P. Deshmukh. ...

CORAM : S. G. MEHARE, J.

DATE : 15.03.2023 PER COURT :- 1.

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

2.

The applicant and his son are the accused of the offence punishable under Section 302 of the IPC. The witnesses are consistently stating that they saw the present applicant running away from the spot of the incident. None of the witness states that the applicant had any weapon. The clothes seized from him were also not blood stained. He was barely shown present on the spot of the incident. Considering the allegations levelled against him and the completion of the investigation, he deserves bail. Hence, the following order :

935-BA.363-23.odt

O R D E R

(i) Bail Application is allowed.

(ii) Applicant RAMESH RUKHMAJI HATAGALE 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.141 of 2022, registered by Police Station Vazirabad, District Nanded, for the offence punishable under Section 302 read with Section 34 of the IPC and Section 4/25 of the Arms Act, on the following conditions :

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

(b) He shall not enter Nanded town for six (6) months from the date of his release except for attending the trial.

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

vmk/-