Tejas Pandharinath Shinde v. The State Of Maharashtra
2024:BHC-AUG:15107 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO.1025 OF 2024 Tejas S/o Pandharinath Shinde, Age-23 years, Occu:Service, R/o-Manjarath Road, Kadiwadgaon, No.2, Majalgaon, Tq-Wadwani, District-Beed.
...APPLICANT
VERSUS
The State of Maharashtra, Through Majalgaon City Police Station, Taluka-Majalgaon, District-Beed.
...RESPONDENT ...
Mr. Govind G. Suryawanshi Advocate for Applicant. Mr. D.J. Patil, A.P.P. for Respondent - State. ...
CORAM: S.G. MEHARE, J.
DATE : 20th JULY 2024 ORDER :
1.
Heard learned counsel for the applicant and learned APP for the State.
2.
The applicant seeks bail in Crime No. 0250 of 2023 registered with Majalgaon (City) Police Station, District-Beed for
the offence punishable under Sections 302 read with Section 34 of the Indian penal Code.
3.
Prosecution case is based on the eyewitnesses. Mother of the deceased and one shop owner were the eyewitnesses. The shop owner took U turn in his statement before the Magistrate under Section 164 of the Code of Criminal Procedure. Mother identified the accused. However, considering the the investigation, her presence at the spot of incident is seriously doubted by the learned counsel for the applicant. Subsequent to the statement of the shop owner under Section 164 of the Code of Criminal procedure, police again recorded his supplementary statement under Section 161 of the Code of Criminal Procedure. However, it bears his signature. Reading the material as a whole, the Court is of the view that the applicant has a case for bail. Hence the following order:-
O R D E R
i) Bail Application stands allowed.
ii) The applicant - Tejas S/o Pandharinath Shinde 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 condition that:- (a) The applicant shall not tamper with the prosecution witnesses.
(b) The applicant shall not enter Majalgaon city for four months from the date of his release except for attending the trial.
[ S.G. MEHARE, J. ] asb/JULY24