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Bombay High CourtBA/1070/2022application allowed

Mallikarjun Bhanudas Jadhav And Another v. The State Of Maharashtra

2022-08-19Hon'Ble Shri Justice R. G. Avachat2 pages

943-BA-1070-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1070 OF 2022

1. Mallikarjun Bhanudas Jadhav Age: 55 years, Occu.: Agri.,

2. Jyotiba Mallikarjun Jadhav Age: 23 years, Occu.: Education, Both R/o Devkurli, Tq. Tuljapur, Dist. Osmanabad ..APPLICANTS

VERSUS

State of Maharashtra Through Tamalwadi Police Station, Tq. Tuljapur, Dist. Osmanabad ..RESPONDENT ....

Mr. A.P. Shaikh, Advocate for applicants Mr. N.T. Bhagat, A.P.P. for respondent - State ....

CORAM : R.G. AVACHAT, J.

DATE : 19th AUGUST, 2022 PER COURT :

1.

This is an application for bail under Section 439 of Code of Criminal Procedure. The applicants have been arrested in connection with Crime No. 27 of 2022 registered with Tamalwadi Police Station, Dist. Osmanabad for the offences punishable under Sections 307, 324 and 506 read with Section 34 of the Indian Penal Code.

2.

Heard. Perused the First Information Report ("F.I.R.") and related police papers.

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943-BA-1070-22.odt 3.

Learned A.P.P. has opposed for grant of bail. 4.

Without adverting to the merits of the matter, Applicant No.2 - Jyotiba is being granted bail since he is just twenty-three years of age and just completed graduation from Commerce stream and wants to pursue further education. Since the Court expressed disinclination to grant relief to Applicant No.1 - Mallikarjun, learned counsel came around to withdraw the application of Applicant No.1 - Mallikarjun.

5.

In view of above, I pass the following order :-

ORDER

(I) The bail application is partly allowed.

(II) Applicant No.2 - Jyotiba Mallikarjun Jadhav be released, in connection with Crime No. 27 of 2022 registered with Tamalwadi Police Station, Dist. Osmanabad for the offences punishable under Sections 307, 324 and 506 read with Section 34 of the Indian Penal Code, on executing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount. (III) He shall not tamper with the prosecution evidence. (IV) Bail application of Applicant No.1 - Mallikarjun Bhanudas Jadhav stands disposed of as withdrawn.

( R.G. AVACHAT, J. ) SSD 2 / 2