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Bombay High CourtBA/1104/2022application allowed

Paresh Madhav Mule v. The State Of Maharashtra

2022-08-23Hon'Ble Shri Justice R. G. Avachat3 pages

927(B)-BA-1104-2022.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1104 OF 2022 Paresh Madhav Mule ... Applicant

Versus

The State of Maharashtra ... Respondent ....

Mr. Satej S. Jadhav, Advocate for applicant Mr. A. V. Deshmukh, APP for respondent - State ....

CORAM : R. G. AVACHAT, J.

DATED : 23rd AUGUST, 2022 PER COURT :- .

This is an application for bail under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with Crime No.0055/2022, registered at Sangamner Police Station, District Ahmednagar, for the offences punishable under Sections 307, 326, 324, 120-B. 143, 147, 148, 149, 452, 337, 427, 504, 506, 436, 511, 329 of the Indian Penal Code. 2.

Heard. Perused the First Information Report (FIR) and related papers.

(( 2 )) 927(B)-BA-1104-2022 The learned APP would submit that it is a bid made by the applicant on the life of his own wife. The victim survived as she was alert and moved abit to a war of the blow. According to the learned APP, the victim has suffered not less than six injuries. If the applicant is granted bail, he would again commit similar offence against his own wife. He, therefore, urged for rejection of the application.

3.

The assault is allegedly made with a sword. The police papers indicates a knife came to be recovered. In the FIR, only one assault is attributed. The injury certificate indicates the victim to have suffered six injuries. All are simple in nature. The victim was discharged from hospital within a day or two of her admission. It has been about six months on arrest of the present applicant. The chargesheet has been filed. It will take time for commencement and conclusion of trial. I am, therefore, inclined to grant the application. Hence, following order:

O R D E R

(i) The Bail Application is allowed.

(( 3 )) 927(B)-BA-1104-2022 (ii)The applicant be released on bail in connection with Crime No.0055/2022, registered at Sangamner Police Station, District Ahmednagar, for the offences punishable under Sections 307, 326, 324, 120-B. 143, 147, 148, 149, 452, 337, 427, 504, 506, 436, 511, 329 of the Indian Penal Code, on his executing P. R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with surety bond of the like amount.

(iii)The applicant shall not enter the village Pimpalgaon Konzira, taluka Sangamner, district Ahmednagar, until conclusion of trial.

(iv)The applicant shall not tamper with the prosecution evidence.

[ R. G. AVACHAT, J. ] SMS