Shankar Maruti Katkar v. The State Of Maharashtra

2024:BHC-AUG:8917

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

915 BAIL APPLICATION NO. 560 OF 2024 SHANKAR MARUTI KATKAR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Ms. Sheetal Vilas Salunke. APP for Respondent/State : Mrs. Dipali S. Jape. ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

24th April, 2024.

P.C.:

Heard.

This is an application, under Section 439 of the Code of Criminal Procedure, 1973, for grant of regular bail in connection with Crime No.285 of 2023, registered with Naldurg Police Station, Taluka Naldurg, District Osmanabad, for the offences punishable under Sections 302 and 120-B read with 34 of the Indian Penal Code. It is averred in the report that informant Santosh Katkar is cousin of the deceased Amol. There is a dispute on account of land in Gat No.265, which was sold by the father of co-accused Nagnath Katkar. Therefore, there was enmity between them. The applicant, who sold that land was trying to get back the same. Therefore, quarrel used to take place between them. Nagnath Katkar made phone call to the

informant on 29.06.2023 at about 7.00 a.m. that his brother Amol is lying dead near to cow shed in the agricultural land of this applicant. Informant went there and saw that Amol sustained various injuries. Therefore, the report was lodged against the applicant and others. The learned advocate for the applicant submitted that Amol was addicted to liquor. On that day also, due to heavy liquor consumption, he could not maintain balance of his body. It was noticed by the witnesses. There is no direct evidence against this applicant. Only because of earlier enmity, the applicant and other coaccused are prosecuted. The applicant has no criminal antecedents. He has roots in the society. He will not flee away from the trial. Trial would take long period. It is lastly prayed to allow the application.

The learned APP for the respondent-State has strongly opposed the application and submitted that the applicant is involved in a serious crime of murder. More than 25 injuries are found, which are mentioned in column no.17 of the postmortem report. Statements of the witnesses show that earlier to the incident, quarrel took place between co-accused Nagnath Katkar and Amol. He lastly prayed to reject the application.

Perused the charge-sheet, particularly report and statements of the witnesses. This Court while allowing Bail Application

No.1948 of 2023 by order dated 10.11.2023 granted bail to co-accused namely Sachin Ankush Katkar. There is admittedly no direct evidence to infer the involvement of this applicant or any other co-accused. Earlier enmity is always double edged weapon that can be used for false implication as well as commission of such crime. At this stage, without adverting to the merits of the case, considering the fact that the applicant has roots in the society, he will not flee away from the trial, trial will take a long period and custody of the applicant is not required further and fact that earlier to the alleged incident, Amol was found in drunken condition, which was seen by two witnesses namely Satling Patil and Anil Bansode, the application deserves to be allowed on certain conditions. Hence, the following order.

O R D E R

I.

The application is allowed.

II.

The applicant in connection with Crime No.285 of 2023, registered with Naldurg Police Station, Taluka Naldurg, District Osmanabad, for the offences punishable under Sections 302 and 120-B read with 34 of the Indian Penal Code, be released on bail on furnishing personal bond of Rs.50,000/- with surety of the like amount on following conditions:- a) The applicant shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence.

b) b) The applicant shall not enter into village Lohgaon, Tq. Tuljapur, Dist. Osmanabad for next six months. III.

If any breach of above conditions are noticed by the trial Court, the trial Court is at liberty to proceed further to cancel the bail of this applicant without reference to this Court.

[ SANJAY A. DESHMUKH, J. ] nga