Ravindra @ Ravi Nana Dandge v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4413 OF 2015 Ravindra @ Ravi Nana Dandge ..Applicant

Versus

The State of Maharashtra ..Respondent -- Mr.Joydeep Chatterji, advocate for applicant Mr.P.N.Muley, APP for respondent - State -- CORAM : M.T. JOSHI, J.

DATE : SEPTEMBER 14, 2015 PER COURT :

Heard both sides.

2] Present applicant, who was arrested in Crime No.I-85 of 2014 by Mukundwadi Police Station, Dist. Aurangabad for the offences punishable under Section 302 read with 34 of Indian Penal Code, is praying for his release on bail.

3] The earlier application of the present applicant bearing Criminal Application No.6053 of

2 2-crappln4413-15.odt 2014 for similar relief, was allowed to withdraw by this court vide order dated 22nd December, 2014 with liberty to file similar application before the Sessions Court, if trial is not concluded within six months. As next of the applications of present applicant, is dismissed by the sessions court, present application is filed by the applicant.

4] The prosecution case would reveal that present applicant had certain relation with the deceased. He had caused the deceased to withdraw certain amount and thereafter, allegedly, committed her murder. The evidence is in the nature of C.C.T.V. footage regarding accompaniment of the applicant with the deceased at the time of withdrawing money and the evidence of last seen together.

5] Learned counsel for the applicant has pointed towards the prosecution case that present

3 2-crappln4413-15.odt applicant had purchased a wire for strangulating the deceased. He submits that in the test identification parade, said shop keeper has identified some other person.

6] Learned APP opposed the application.

7] Considering the fact that the case is based on circumstantial evidence and that the report of learned Sessions would show that the trial is yet to begin and as the advocate for the complainant has sought adjournments in the sessions case and some more time would be required for commencement of the trial, in my view, present applicant can very well be released on bail.

8] Hence, the following order :- A] The application is allowed.

4 2-crappln4413-15.odt B] The applicant be released on bail in Crime No.I-85 of 2014 registered by Mukundwadi Police Station, Dist. Aurangabad, for the offences punishable under Section 302 read with 34 of Indian Penal Code, upon his executing P.R. bond in the sum of Rs.20,000/- (Rs.Twenty Thousand) and also upon furnishing surety in the like amount. C] The applicant shall not, in any way, attempt to influence the prosecution witnesses.

[M.T. JOSHI, J.] kbp