Ramswarup @ Swarup Laxman Falke v. The State Of Maharashtra And Another

2024:BHC-AUG:11056 971-BA-869-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 869 OF 2024 RAMSWARUP @ SWARUP LAXMAN FALKE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Sudarshan J. Salunke APP for Respondents : Mr. S. R. Wakale ...

CORAM : S. G. MEHARE, J.

DATE : 14-06-2024 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned A.P.P. for the respondents.

2.

The applicant seeks bail in C.R.No.301 of 2023 registered with Police Station Talwada, District Beed, for the offences punishable under Sections 302, 323, 504 and 506 read with Section 34 of the Indian Penal Code.

3.

It is really unfortunate that in a quarrel on stopping the accused not to the crackers, the applicant assaulted the deceased with fist and fire blows on his chest. The deceased fell down and died due to acute coronary insufficiency. No one was knowing that the deceased had any such heart disease or such a weak heart. Considering the fact in-toto, at this juncture it is difficult to accept that it was an intentional act to cause the death of deceased. No weapon was used in the crime. Hence, the order :-

971-BA-869-24.odt

ORDER

i) The application is allowed.

ii) Applicant Ramswarup @ Swarup Laxman Falke 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. ( S. G. MEHARE ) JUDGE rrd