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Bombay High CourtBA/1221/2023admittedallowedgrantedrule absolute

Prakash Ganpatrao Tantre And Another v. The State Of Maharashtra

2023-08-04Hon'Ble Shri Justice S. G. Mehare3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 BAIL APPLICATION NO.1221 OF 2023

1. PRAKASH GANPATRAO TANTRE

2. NAMDEV AMRUTA JADHAV

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Deshmukh Ashish P. APP for Respondent-State : Mr. S. P. Deshmukh. ...

CORAM : S. G. MEHARE, J.

DATE : 04.08.2023 PER COURT :- 1.

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

2.

The applicants are seeking bail in Crime No.138 of 2023, registered with Hadgaon Police Station, District Nanded, for the offence punishable under Section 306 read with Section 34 of the IPC.

3. The suicide note has been allegedly recovered from the pocket of the deceased, who found died in his field. It reveals from the alleged suicide note that the deceased had money transaction with applicant No.1. He had repaid that amount, but the applicants were demanding him more money. Hence, he had finished his life. There was sale deed in the name of

wife of applicant No.2 and the deceased. The Post Mortem Report does not reveal the external injuries over the body of the deceased. The viscera and contents of the stomach have been preserved and sent for Chemical Analysis. It seems that it was a money transaction and the alleged suicide note has been recovered. They are behind bars for sufficient period. Nothing appears to have been recovered from them. Hence, keeping them behind bars would serve no purpose. However, certain conditions may be imposed. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant 1. PRAKASH GANPATRAO TANTRE and

2. NAMDEV AMRUTA JADHAV be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety of like amount each, in Crime No.138 of 2023, registered with Hadgaon Police Station, District Nanded, for the offence punishable under Section 306 read with Section 34 of the IPC, on the following conditions :

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

(b) They shall not involve in any illegal money lending business, henceforth till conclusion of the trial.

(c) They shall not threat the witnesses.

(d) They shall attend the Police Station as and when called by the Investigating Officer on written notice till filing the charge sheet.

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

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