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Bombay High CourtBA/728/2023application allowed

Bandu Maruti Mhaske v. The State Of Maharashtra

2023-05-02Hon'Ble Shri Justice S. G. Mehare3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 45 BAIL APPLICATION NO.728 OF 2023 BANDU MARUTI MHASKE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Thorat Chandrakant R. APP for Respondent-State : Mr. S. P. Deshmukh. ...

CORAM : S. G. MEHARE, J.

DATE : 02.05.2023 PER COURT :- 1.

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

2.

The applicant is seeking bail in Crime No.148 of 2023, registered with Shevgaon Police Station, District Ahmednagar, for the offences punishable under Sections 306, 504 of the IPC. 3.

The allegations were that the deceased had executed a sale deed in favour of the applicant. It was a money lending transaction. The deceased was ready to repay more money than the consideration mentioned in the sale deed. But, the applicant was avoiding to execute a sale deed in the name of the deceased. On the day of the incident, the deceased had been to the house of the applicant asking him to pay

Rs.3,50,000/- which she had paid to him for re-transferring the field. The applicant denied her and said to her that, "do what she wanted to do" and then she committed suicide. The allegations in the FIR, are self explanatory. The investigation is materially done. Nothing is to be recovered from the applicant. Therefore, he deserves bail. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant BANDU MARUTI MHASKE 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 Crime No.148 of 2023, registered with Shevgaon Police Station, District Ahmednagar, for the offences punishable under Sections 306, 504 of the IPC, on the following conditions :

(a) The applicant shall not tamper with the prosecution witnesses.

(b) He shall submit so called sale deed to the Investigating Officer, if not recovered yet.

(c) He shall attend the Police Station as and when called on written notice by the Investigating Officer till filing the charge sheet.

(S. G. MEHARE, J.) ...

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