Ravindra Vitthal Chakhale v. The State Of Maharashtra

2024:BHC-AUG:11488 959-BA-800-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 800 OF 2024 RAVINDRA VITTHAL CHAKHALE

VERSUS

THE STATE OF MAHARASHTRA ...

WITH CRIMINAL APPLICATION NO. 2380 OF 2024 IN BA/800/2024 SACHINABAI @ KANCHAN WD/O. AVAN KALE VERSYS RAVINDARA VITTHAL CHAKHALE AND ANOTHER ...

Advocate for Applicant/accused : Mr. Rajendra G. Hange APP for Respondent/State : Mr. S. R. Wakale Advocate for complainant : Mr. Farooqui Kamaloddin Nuruddin ...

CORAM : S. G. MEHARE, J.

DATE : 21-06-2024 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned A.P.P. for the respondent/State.

2.

This applicant seeks bail in C.R.No.529 of 2023 registered with Ashti Police Station, District Beed, for the offences punishable under Sections 302, 143, 147, 148, 149, 504 of the Indian Penal Code and Section 37(1)(c) of the Maharashtra Police Act. 3.

The prosecution has a case that the brother of the deceased was present on the spot. He made a phone call to the wife of the deceased and she lodged the first information report. The socalled eyewitness was examined four days after the incident. In the first information report, the applicant has not been named. 4.

As per the argument of the learned counsel for the victim that in the supplementary statement of the first informant, name

959-BA-800-24.odt of the applicant has been reflected. He has also argued from the prosecution side that the applicant facilitated the other accused by shutting down his hotel and also instigated co-accused to kill the deceased.

5.

The applicant has a case that his father was Village Sarpanch. Hence, he has been falsely implicated out of political rivalry. He has no concern with the incident. On the contrary, he asked all the assailants as well as injured to go away from his hotel. The allegations levelled against him are afterthought. 6.

Perusal of the record reveals that in the first information report, the applicant has not been named. The prosecution for the reasons better known, has delayed recording of the statements of the eyewitnesses. He was the person who took the deceased to the hotel. The circumstance favours the applicant to get the bail. Hence, the order :-

ORDER

i) The application is allowed.

ii) Applicant Ravindra Vitthal Chakhale be released on bail, on furnishing PB and SB of Rs.50,000/-, with one solvent surety of the like amount, in the above crime for the aforesaid offences, on the conditions that, (a) He shall not tamper with the prosecution witnesses. (b) He shall attend the trial on each and every date. iii) Criminal Application No. 2380 of 2024 stands disposed of. ( S. G. MEHARE ) JUDGE rrd