Vishal Sanjay Pawar v. The State Of Maharashtra

942 BA1006-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1006 OF 2023 VISHAL SANJAY PAWAR

VERSUS

THE STATE OF MAHARASHTRA WITH BAIL APPLICATION NO. 931 OF 2023 PRATIK DNYANESHWAR PANDULE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Sagar S. Chitre APP for Respondent: Mrs. Vaishali N Patil/Jadhav ....

CORAM : S. G. MEHARE, J.

DATE : 27.06.2023 PER COURT :

1.

Heard the learned counsel for the applicants and the learned A.P.P. for the respondents/State.

2.

The applicants are seeking bail in Crime No.849/2022 registered with Police Station M.I.D.C. Jalgaon for the offences punishable under Sections 307, 323, 143, 147, 148, 149, 504, of the Indian Penal Code. 3.

In F.I.R the allegations have been levelled against the applicants that they have assaulted the injured Nitin and Sachin with a weapon.

942 BA1006-23.odt However, the injured Nitin did not state that both applicants have assaulted him. However, Sachin who was the person allegedly hit attributed the role of the applicants that they hold the injured Nitin. There is material contradiction in these two statements. The weapons were not recovered at the instance of the applicants. Considering the contradictions in the statements of two material witnesses and the completion of the investigation, the applicants deserves bail. Hence, the following order.

ORDER

(i) The application is allowed.

(ii) Applicant Vishal Sanjay Pawar in BA No.1006/2023 and applicant Pratik Dnyaneshwar Pandule in BA No.9312 of 2023 be released on bail on furnishing P. B. and S.B. of Rs. 50,000/- each with one solvent surety of the like amount, in aforementioned crime registered with aforementioned police station, on the following conditions :- (a) They shall not tamper with the prosecution witnesses. (b) They shall not enter the MIDC Jalgaon area till conclusion of the trial.

( S. G. MEHARE ) JUDGE