Sheshnath Limba Bhosle (Name As Shashya @ Sheshnath Nimlya @ Limba Bhosle) v. The State Of Maharashtra And Another

2024:BHC-AUG:19214 946-ba-1445-2024.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1445 OF 2024 Sheshnath Limba Bhosle (name As Shashya @ Sheshnath Nimlya @ Limba Bhosle)

VERSUS

The State Of Maharashtra And Another ...

Advocate for Applicant : Mr. Salunke Sudarshan J APP for Respondent/State : Ms. Vaishali S. Choudhari ...

CORAM : S.G. MEHARE, J.

DATED : AUGUST 23, 2024 PER COURT:- 1.

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

2.

The applicant seeks bail in Crime No.273 of 2017 registered with Ashti Police Station, District Beed for the offences punishable under Sections 143, 147, 148, 149, 364, 326, 324, 452, 327, 323, 504, 427, 302 of the Indian Penal Code. 3.

The charge sheet was filed before the arrest of the applicant showing him did not find. The charge sheet was filed without any proclaimation of his abscondence. The co-accused were tried and few of them were acquitted. The role attributed to the applicant was entering the home and damaged the property. Apparently, it appears that the police did not attempt to proclaim him absconding. The documents placed on record shows that he was

946-ba-1445-2024.odt (2) residing in his village and discharging his duties as Home Guard. He was arrested in another crime and from that crime, he has been transferred to this crime. Considering the role attributed to the applicant and inaction on the part of the police to proclaim him absconding, the Court is of the view that he deserve bail. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant, Sheshnath Limba Bhosle, be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount in the above crime, on the conditions that; (a) The applicant should not tamper with the prosecution witnesses.

(b) The applicant should not leave the place of his residence without the leave of the Court till the trial is concluded. (c) The applicant should furnish his residential address with cell phone number before the Trial Court with an undertaking that he would not change them till the trial is concluded. (S.G. MEHARE, J.) Mujaheed//