Sanjay Janardhan Mavaskar v. The State Of Maharashtra
2024:BHC-AUG:15105 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO.714 OF 2024 Sanjay S/o Janardhan Mavaskar, Age-24 years, Occu:Labour, R/o-Gut No.6, Near Power House, Old Bhavsingpura, Aurangabad.
...APPLICANT
VERSUS
The State of Maharashtra, Through Chawani Police Station, Taluka and District-Aurangabad.
...RESPONDENT ...
Mr. Chaitanya C. Deshpande Advocate for Applicant. Ms. D.S. Jape, A.P.P. for Respondent - State. ...
CORAM: S.G. MEHARE, J.
DATE : 20th JULY 2024 ORDER :
1.
Heard learned counsel for the applicant and learned APP for the State.
2.
The applicant seeks bail in Crime No. 565 of 2023 registered with Chawani Police Station, Aurangabad, for the
offence punishable under Sections 307, 324, 323, 504, 506 read with Section 34 of the Indian Penal Code.
3.
It has been alleged alleged against the applicant that he has assaulted the applicant with knife and caused injuries on his stomach. Applicant is languishing in jail for eight months. He has no antecedents at his discredit.
4.
Applicant has a case that dispute arose out of transfer of the immovable property. The first informant took the illegal possession of the property. There was no intention to kill him. False allegations have been levelled against the applicant. 5.
Considering the facts of the case and the pendency of the under-trial cases, the Court is of the view that the prosecution may not be able to ensure the fundamental right of the accused of the speedy trial. However, apprehension of tampering with the evidence may be guarded by the Court. Hence the following order:-
O R D E R
i) Bail Application stands allowed.
ii) The applicant - Sanjay S/o Janardhan Mavaskar be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount, in the above crime, on the condition that:- (a) The applicant shall not enter into the locality of Bhavsingpura, Aurangabad for four months from the date of his release.
(b) Applicant should furnish his residential address to the Court, where he would reside during the above said period.
(c) The applicant shall attend the trial on each and every effective date.
[ S.G. MEHARE, J. ] asb/JULY24