Mahadu @ Madhav Govind Kale And Another v. The State Of Maharashtra

916-BA-386-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.386 OF 2023 WITH APPLN/1093/2023 IN BA/386/2023 MAHADU @ MADHAV GOVIND KALE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. S. J. Salunke APP for Respondent/State : Mr. S. P. Deshmukh Advocate for Complainant : Mr. R. D. Gaikwad ...

CORAM :

S. G. MEHARE, J.

DATE :

23-03-2023 PER COURT :- 1.

Leave granted to add Section 307 of the Indian Penal Code in the application.

2.

Heard the learned counsel for the applicants, the learned A.P.P. for the respondent/State and the learned counsel for the complainant.

3.

The applicants and the injured are the relatives. They had a dispute over the land. The injured have been discharged from hospital. The weapons allegedly used in the crime with other incriminating evidence has been recovered. The material investigation has been completed. In the facts and circumstances of the case, it appears that further investigation from the

916-BA-386-23.odt applicants is not required. However, to protect the interest of the injured, certain conditions may be imposed. Hence, the following order :- i) The application is allowed.

ii) Applicants Nos. (1) Mahadu @ Madhav Govind Kale and (2) Ram Namdev Kale, be released on bail, on furnishing PB and SB of Rs.50,000/- each, with one solvent surety of the like amount, in C.R.No.27 of 2023, registered with Police Station Chakur, District Latur, for the offences punishable under Sections 307, 326, 325, 324, 323, 504, 506, 143, 147, 148, 149 of the Indian Penal Code, on the conditions that, (a) They shall not tamper with the prosecution witnesses. (b) They shall attend the police station as and when called by the Investigating Officer on written notice till filing chargesheet.

(c) They shall remain outside the village Janwal, Taluka Chakur, District Latur, for three months from the date of their release except for the purpose of investigation, if called by the Investigating Officer on written notice. iii) Criminal Application No.1093 of 2023 stands disposed of. ( S. G. MEHARE ) JUDGE rrd