Ashok Tulshiram Rajbhoj v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO.536 OF 2023 ASHOK TULSHIRAM RAJBHOJ
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr. S. S. Gangakhedkar APP for Respondent: Mr. S. P. Sonpawale ...
CORAM : S. G. MEHARE, J.
DATE : 03.05.2023 PER COURT :
1.
Heard the learned counsel for the applicant and the learned A.P.P for the respondent/state.
2.
The applicant is seeking bail in Crime No.60/2022 registered with Vazirabad Pollice Station, District Nanded for the ofences punishable under Sections 302, 307,143, 147, 148, 149, 504, 506 of the Indian Penal Code and Section 4/25 of Arms Act.
3.
The allegations reveal that the accused and the deceased were neighbourers. They had quarrel over throwing the garbage in drain. During the course of the quarrel as
alleged the applicant and other co-accused brought the weapons from their home and assaulted the deceased. It has been alleged against the applicant that he assaulted the deceased with stick. However, the post mortem report reveals that the deceased died due to stab injury and there were no serious injuries caused by the weapon like stick. The applicant is languishing in jail since 16.03.2022. The charge sheet is fled. Considering the role attributed to the applicant and the nature of quarrel taken place, the Court is of the view that further detention of the applicant would serve no purpose. Hence, he deserves bail on certain conditions. Hence, the following order :-
ORDER
(i) The application is allowed.
(ii) Applicant Ashok Tulshiram Rajbhoji be released on bail on furnishing P. B. and S.B. of Rs. 50,000/- with one solvent surety of the like amount, in aforementioned crime registered with aforementioned police station, on the following conditions :- (a) He shall not tamper with the prosecution witnesses. (b) He shall not enter Nanded town except for the purpose
of attending the trial for six months from the date of his release.
( S. G. MEHARE ) JUDGE ysk