Pravin Santosh Rathod v. The State Of Maharashtra

2024:BHC-AUG:21911

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1209 OF 2024 PRAVIN SANTOSH RATHOD

VERSUS

THE STATE OF MAHARASHTRA Mr. A. B. Kale h/f Mr. S. G. Dodya, Advocate for the applicant Ms. V. S. Choudhari, APP for the respondent/State CORAM : S. G. MEHARE, J.

DATE : 18th SEPTEMBER, 2024 PER COURT :- 1.

Heard the learned counsel for the applicant and learned A.P.P. for the respondent/State.

2.

The applicant seeks bail in Crime No.290/2023 registered with Goregaon Police Station, District Hingoli for the offences punishable under Sections 302, 324, 143, 147, 148, 149, 323, 324, 504, 506 of the Indian Penal Code. 3.

Perused the FIR and papers. It appears that a quarrel took place due to the abuses hurled on the deceased by another co-accused. The applicant assaulted the deceased with a wooden log and he died. The deceased had also the injuries on his ribs. The investigation has been completed. There were improvements about the the nature of weapon used by the applicant. He

submits that the applicant is 25 years old boy and has no antecedents. Trial may take its time. Hence, he may be granted bail.

4.

Learned APP has strongly opposed the application. She argued that the offences are serious. There is direct evidence/witnesses to the incident. Hence, he may not be granted bail.

5.

The facts discussed above shows that the quarrel took place when another co-accused caused injuries and abused to the deceased when the deceased asked question about the incident happened. Learned APP submits that the offence is serious, but other circumstances reveal that the incident happened in certain situation. A trial may take its time. However, to protect the interest of the prosecution, certain conditions may be imposed. Hence, the order:-

ORDER

i) The application is allowed.

ii) Applicant - Pravin Santosh Rathod be released on bail, on furnishing PB and SB of Rs.50,000/-, with one solvent surety of the like amount, in the above crime for the aforesaid offences, on the conditions that,

(a) He should not tamper with the prosecution witnesses. (b) He should not enter village Bramhanwada Tanda, Tq. Sengaon, Dist. Hingoli, for four months from the date of his release.

(c) He should attend the trial on each and every date. (S. G. MEHARE, J.) ssp