Premnath Tukaram More v. The State Of Maharashtra

38-ABA-1099-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1099 OF 2022 PREMNATH TUKARAM MORE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. P. P. More APP for Respondent : Mr. V. M. Kagne ...

CORAM :

S. G. MEHARE, J.

DATE :

29-08-2022 PER COURT :- 1.

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

2.

The learned A.P.P. has strongly opposed the application contending that there are antecedents to the discredit of the applicant. The applicant has been involved in the offence of murder and Section 328 of the Indian Penal Code. 3.

The facts have been discussed in detail in the order dated 17.08.2022. The offence regarding Gutka appears to have no concern with an offence of murder. The applicant has not been named in the first information report and has been shown as supplier of Gutka. The issue as regards the applicability of Section 328 of the Indian Penal Code is seized with the Honourable

38-ABA-1099-22.odt Supreme Court and the persons approached to the Honourable Supreme Court have been released on interim bail. There appears no direct evidence against the applicant. The application deserves to be allowed. Hence, the following order :- i) The application is allowed.

ii) The ad-interim protection granted to the applicant by the order of this Court dated 17.08.2022 is confirmed on the same terms and conditions with modified condition that he shall attend the police station as and when called by the Investigating Officer on written notice.

( S. G. MEHARE ) JUDGE rrd