Shatrughan Manikrao Lad (Pawar) v. The State Of Maharashtra And Another

2024:BHC-AUG:9170 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 BAIL APPLICATION NO. 652 OF 2024 Shatrughan Manikrao Lad (Pawar)

VERSUS

The State of Maharashtra and another ...

Advocate for Applicant : Mr. S.J. Salunke APP for Respondents: Mr. R.D.Raut .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 30th APRIL, 2024.

PER COURT :- 1.

This is an application for granting bail under section 439 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") in connection with crime No. 461 of 2023 registered with Ambajogai police station, District Beed for the offences punishable under Sections 302, 143, 147, 148, 149, of the I.P.C. and under Section 135 of the Maharashtra Police Act. His application with similar prayer bearing criminal bail application No. 93 of 2024 came to be rejected by the learned Additional Sessions Judge, Ambajogai vide order dated 28.3.2024.

2.

It is averred in the report that the applicant and his brothers committed murder of their nephew Rajendra Shriram Kalse who was addicted to liquor. Therefore, report was lodged by the is wife Rajendra against the applicant and other accused persons.

-23.

Learned advocate for the applicant submitted that the applicant has roots in the society. The investigation is over. The further custody of the applicant is not necessary. It is therefore, prayed to grant bail to the applicant.

4.

Learned A.P.P. for the respondent-State has strongly opposed the application and submitted that the applicant is involved in serious crime. He has committed murder of his nephew. There is strong evidence against the applicant. It is lastly prayed to reject the application.

5.

Perused the charge sheet, particularly the report, statements of witnesses and the post mortem report. The charge sheet is filed. The further custody of the applicant is not necessary. The applicant has roots in the society. There is no criminal antecedents. The trial will take a long period. The presence of the applicant can be secured for the trial. Considering all these aspects, the application deserves to be allowed on certain conditions. Hence, the following order.

O R D E R

I.

Application is allowed.

II.

The applicant in connection with crime No. 461 of 2023 registered with Ambajogai police station, District Beed for the offences punishable under Sections 302, 143, 147, 148, 149,

-3of the I.P.C. and under Section 135 of the Maharashtra Police Act be released on bail on furnishing personal bond of Rs.50,000/- with one surety of the like amount on following conditions:- a) The applicant shall not tamper with the prosecution evidence and shall not pressurize the witnesses, in any manner.

(SANJAY A. DESHMUKH, J.) rlj/