Shersingh Kanayasingh Tak And Another v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.787 OF 2023 SHERSINGH KANAYASINGH TAK AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. R. V. Gore APP for Respondent: Mrs. Vaishali N Patil Jadhav ....

CORAM : S. G. MEHARE, J.

DATE : 23.06.2023 PER COURT :

1.

Heard the learned counsel for the applicants and the learned A.P.P. for the respondents/State.

2.

The applicants are seeking bail in crime No. 342 of 2022 registered with Police Station Manwat, District Parbhani for the offences punishable under Sections 302, 326, 143, 144, 148, 149, 506 of the Indian Penal Code and Section 4 - 25 of the Arms Act. 3.

Perusal of the allegations reveals that the applicants were allegedly in the company of the co-accused. However, there were no allegations against them that they assaulted the deceased or holding

weapons. Subsequently, one witness came forward stating that the applicants were instigating the assailants to kill the deceased. The incident happened as the photograph of one Kanhiyasing (grandfather of accused Surjitsingh) was edited from the banner and complainant pasted his own photograph and it was kept on the Whats App status. The learned counsel for the applicants would state that both accused have been acquitted in the earlier cases registered against them and today there are no crimes to their discredit. Considering the role attributed to the applicants their further detention would serve no purpose. Hence, the following order

ORDER

(i) The application is allowed.

(ii) Applicant No.1 Shersingh S/o Kanyasingh Tak and applicant No.2 Jugnusingh @ Tejasingh S/o Kanayasngh Tak be released on bail on furnishing P. B. and S.B. of Rs. 50,000/- (Rupeees Fifty thousand) each with one solvent surety of the like amount, in connection with the above crime on the following conditions :- (a) They shall not tamper with the prosecution witnesses. (b) They shall not contact the witnesses and the family members of the deceased till conclusion of the trial.

(c) They shall refrain themselves from involving inany other similar

offence.

(d) They shall not disturb the law and order in the town. ( S. G. MEHARE ) JUDGE ysk