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Bombay High CourtBA/954/2023application allowed

Sadashiv Shankar Pawar v. The State Of Maharashtra

2023-06-15Hon'Ble Shri Justice S. G. Mehare2 pages

944-BA-954-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.954 OF 2023 SADASHIV SHANKAR PAWAR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Santosh C. Bhosle APP for Respondent : Mr. K. S. Patil ...

CORAM :

S. G. MEHARE, J.

DATE :

15-06-2023 PER COURT :- 1.

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

2.

The applicant is seeking bail in C.R.No.38 of 2023 registered at Bhokar Police Station, Taluka Bhokar, District Nanded, for the offences punishable under Sections 294, 307, 326, 324, 323 read with Section 34 of the Indian Penal Code and Section 4/25 of the Arms Act.

3.

It appears that the applicant and his relatives on a suspicion that the family members of the injured have stolen their hens, they were fighting with each other. In a quarrel, the applicant assaulted the injured with dagger. The injured suffered the injuries. He was hospitalized for four days and has been discharged. The weapon allegedly used in the crime is recovered. The applicant is languishing in jail since January 2023.

944-BA-954-23.odt 4.

It appears that the quarrel took place due to the suspicion of stealing the hens of the applicant and his family. Considering the nature of the offence and the way in which the incident happened as well as completion of the investigation, the Court is of the view that further detention of the applicant would serve no purpose. He deserves bail. Hence, the order :- i) Bail application is allowed.

ii) Applicant Sadashiv Shankar Pawar be released on bail, on furnishing PB and SB of Rs.50,000/-, with one solvent surety of the like amount, in the aforesaid crime, on the following conditions, a) He shall not tamper with the prosecution witnesses. b) He shall not contact the injured or any relatives. c) He shall stay away from the village Bhosi, Taluka Bhokar, District Nanded, for two months from the date of his release.

( S. G. MEHARE ) JUDGE rrd