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Bombay High CourtBA/1149/2022application allowed

Omkesh Patloba Kande v. The State Of Maharashtra

2022-08-02Hon'Ble Shri Justice R. G. Avachat2 pages

910-BA-1149-2022.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1149 OF 2022 Omkesh Patloba Kande ... Applicant

Versus

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

Mr. S. G. Chapalgaonkar, Advocate for applicant Mr. V. S. Badakh, APP for respondent - State ....

CORAM : R. G. AVACHAT, J.

DATED : 02nd 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.0176/2022, registered at Parali Rural Police Station, District Beed for the offences punishable under Sections 328, 272, 273 of the Indian Penal Code. 2.

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

In view of this Court, it is doubtful whether Section 328 IPC is applicable. Rest of the offences are bailable. The

(( 2 )) 910-BA-1149-2022 applicant is in jail for over three weeks. It appears that his pre-trial detention is unwarranted. Hence, following order:

O R D E R

(i) The Bail Application is allowed.

(ii) The applicant be released on bail in connection with Crime No.0176/2022, registered at Parali Rural Police Station, District Beed for the offences punishable under Sections 328, 272, 273 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 tamper with the prosecution evidence.

[ R. G. AVACHAT, J. ] SMS