Avinash Bhivsen Ghorpade v. The State Of Maharashtra

928-ba-1191-2023.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1191 OF 2023 Avinash Bhivsen Ghorpade ...Applicant

VERSUS

The State of Maharashtra

...Respondent

...

Mr. R.R. Karpe, Advocate for the applicant.

Mr. S.B. Narwade, APP for the respondent-State. ...

CORAM : S.G. MEHARE, J.

DATED : AUGUST 01, 2023 PER COURT:- 1.

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

2.

The applicant is seeking bail in Crime No.818 of 2023 registered with Tophkhana Police Station, District Ahmednagar for the offence punishable under Sections 307, 323, 143, 144, 147, 148, 149, 504, 506 of the Indian Penal Code.

3.

The applicant and the injured are cousins. They had dispute over the ancestral house property. They were fighting against each other. Out of the property dispute, the incident appears to have been happened. The injured has been discharged. The weapons allegedly used in the crime have also been seized. The material investigation against the applicant has been completed. The fracture injuries were on the left lower end of tibia and fibula and

928-ba-1191-2023.odt (2) CLW over forehead. Considering the facts of the case and the cause for the dispute, the detention of the applicant would serve no purpose. Hence, the following order :

ORDER

(i) Bail Application is allowed.

(ii) The applicant, Avinash Bhivsen Ghorpade, be released on bail on executing P.B. and S.B. of Rs.50,000/- (Rupees fifty thousand) with one solvent surety in the like amount in connection with the above crime, on the conditions that he shall not tamper with the prosecution witnesses.

(iii) The applicant shall attend the concerned police station as and when called on written notice by the investigating officer, till filing the charge sheet.

(iv) The applicant shall stay away from Ahmednagar for three months from the date of his release. However, he will be at liberty to enter Ahmedngar when called on written notice by the investigating officer till filing the charge sheet.

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