Abhijit Subhsh Jamdhade v. The State Of Maharashtra

2024:BHC-AUG:16195 933-ba-858-2024.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 858 OF 2024 Abhijit Subhash Jamdhade

VERSUS

The State Of Maharashtra ...

Advocate for Applicant : Mr. Gangakhedkar Shailendra S APP for Respondent/State : Mr. S.D. Ghayal ...

CORAM : S.G. MEHARE, J.

DATED : JULY 31, 2024 PER COURT:- 1.

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

2.

The applicant seeks bail in Crime No.94 of 2023 registered with Manatha Police Station, District Nanded for the offence punishable under Sections 302, 324, 452, 143, 147, 148, 149, 504, 506 r/w 34 of the Indian Penal Code.

3.

After hearing the respective counsels, the Court has gone through the papers. In the first information report, three persons were shown assaulting the deceased. The third person was yet not identified. Two days later, a witness came forward and stated that he saw the applicant assaulting the deceased. The incident happened near a graveyard in night hours. In the circumstances, there appears substance in the submission of the learned counsel for the applicant that in ordinary course, no man generally would go to the graveyard

933-ba-858-2024.odt (2) at odd hours. Graveyard is at the end of the village. Reading the material against the applicant in toto, the Court believes that he deserve bail. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant, Abhijit Subhash Jamdhade, 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 conditions that; (a) The applicant shall not tamper with the prosecution witnesses.

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