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Bombay High CourtBA/1094/2023application allowed

Manohar Santosh Koli v. The State Of Maharashtra

2023-07-14Hon'Ble Shri Justice S. G. Mehare3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 953 BAIL APPLICATION NO.1094 OF 2023 MANOHAR SANTOSH KOLI

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Menezes Joslyn A. APP for Respondent-State : Mr. K. S. Patil.

...

CORAM : S. G. MEHARE, J.

DATE : 14.07.2023 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned APP for the respondent-State.

2.

The applicant is seeking bail in Crime No.95 of 2023, registered at Chopda City Police Station, District Jalgaon, for the offences punishable under Sections 302, 337, 323, 504, 506 read with Section 34 of the IPC.

3. The FIR reveals that there was a quarrel at 8.30 p.m., near Sub-Station, where the accused including the present applicant had abused and pushed the deceased. Thereafter, the accused Sagar and his mother Shobhabai went to the house of the deceased and there the incident of stabbing happened. It is clear from the FIR that when the actual incident of

stabbing happened, this applicant was not present there. So there is no material pointing out that he was participated in the commission of the offence of murder. So far as the first incident happened near Sub-Station is concerned, there were pushing and abusing each others. Considering the role attributed to the applicant, he deserves bail. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant MANOHAR SANTOSH KOLI 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 Crime No.95 of 2023, registered at Chopda City Police Station, District Jalgaon, for the offences punishable under Sections 302, 337, 323, 504, 506 read with Section 34 of the IPC, on the following conditions :

(a) The applicant shall not tamper with the prosecution witnesses.

(b) He shall attend the trial on each effective date.

(S. G. MEHARE, J.) ...

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