Laxman @ Raju Namdeo Paul v. The State Of Maharashtra

936-ba-428-2023.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.428 OF 2023 LAXMAN @ RAJU NAMDEO PAUL

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Salunke Sudarshan J APP for Respondent/State : Mr. K.S. Patil ...

CORAM : S.G. MEHARE, J.

DATED : MARCH 24, 2023 PER COURT:- 1.

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

2.

The prosecution has a case that the police had intercepted one pickup van carrying the bullocks. The persons including the deceased from the said pickup van fled away. The police believed that it was a road traffic accident. However, the first informant raised a doubt and made the allegations that the deceased Krishna was murdered. The police again visited the spot of incident and registered the crime. The prosecution has a sole evidence of the paramour of one of the accused Piraji Ambadas Dhabhadge. Her statement does not reveal that she witnessed the incident. The spot panchnama reveals that there were tyre marks. Therefore, the probable defence of the applicant that it was a road traffic accident

936-ba-428-2023.odt (2) cannot be denied. Similarly situated co-accused has been granted bail.

3.

Considering the material collected by the police and the facts of the case, the Court is of the view that the applicant deserve bail. Hence, the following order :

ORDER

(i) Bail Application is allowed.

(ii) The applicant, Laxman @ Raju Namdeo Paul, 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.120 of 2022, registered with Tadkalas Police Station, District Parbhani for the offence punishable under Section 302, 201, 120(B), 324, 504, 506 read with Section 34 of the Indian Penal Code, on the condition that he shall not tamper with the prosecution witnesses. (S.G. MEHARE, J.) Mujaheed//