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Bombay High CourtBA/889/2023application allowed

Rohidas S/O Ramkisan Kawale And Another v. The State Of Maharashtra And Another

2023-06-08Hon'Ble Shri Justice S. G. Mehare2 pages

949-ba-889-2023.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.889 OF 2023 ROHIDAS S/O RAMKISAN KAWALE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mrs. Manjiri Achutrao Kulkarni APP for Respondent/State : Mr. Y.G. Gujarati ...

CORAM : S.G. MEHARE, J.

DATED : JUNE 08, 2023 PER COURT:- 1.

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

2.

The applicants are seeking bail in Crime No.236 of 2023 registered with Pathardi Police Station, District Ahmednagar for the offence punishable under Section 306 r/w 34 of Indian Penal Code. 3.

The deceased was the elder brother of applicant no.1. The allegations reveals that a day before the incident, the deceased had quarrel with the applicants over a common water motor pump. Therefore, the applicants beat and abused the deceased. They have also threatened the deceased to kill. Thereafter, the deceased went and found hanged to a tree. Only on the basis of these allegations, the applicants have been arraigned as accused. The entire family members have been arrested. Considering the allegations and the

949-ba-889-2023.odt (2) nature of offence, nothing is to be recovered from the applicants. Hence, the applicants deserve bail. Hence, the following order :

ORDER

(i) Bail Application is allowed.

(ii) The applicants, Rohidas s/o Ramkisan Kawale and Suman w/o Rohidas Kawale, be released on bail on executing P.B. and S.B. of Rs.50,000/- (Rupees fifty thousand) each with one solvent surety in the like amount in connection with the above crime, on the conditions that they shall not threat the witnesses.

(iii) The applicants shall attend the concerned police station as and when called on written notice by the investigating officer, till filing the charge sheet.

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