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Bombay High CourtBA/1341/2023application allowed

Ashok Padmakar Narwade v. The State Of Maharashtra

2023-09-01Hon'Ble Shri Justice S. G. Chapalgaonkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 BAIL APPLICATION NO.1341 OF 2023 ASHOK PADMAKAR NARWADE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. S.J. Salunke APP for Respondent : Ms. P.V. Diggikar ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated: September 01, 2023 ...

PER COURT :- 1.

The applicant is seeking regular bail in connection with Crime No.209 of 2023 dated 4.4.2023 registered with Taluka Jalna police station, District Jalna for the offences punishable under sections 307, 326, 323, 504, 34 of the Indian Penal Code.

2.

Investigation was set in motion on the basis of the information given by one Vikas Mhaske alleging that, on 4.4.2023 there was some dispute regarding quality of the construction work. Present applicant using knife has inflicted stab injury to Akash as well as Arun. During the course of the investigation, the applicant has been arrested. Incriminating article i.e. knife is recovered. The charge-sheet is filed. It appears that the applicant is behind bar from 15.4.2023. Although, there are allegations against the applicant and supporting medical evidence to indicate the injuries suffered by the victim, the trial would take it's own course. The interest of

the prosecution can be safeguarded by putting certain conditions. Further detention of the applicant would not be necessary. On specific query, the learned APP points out that there are no criminal antecedents. Looking to the nature of the allegations, it appears that the incident took place at the spur of moment and there was no premeditation. The applicant is a young man aged about 26 years. His family is dependent on him. In that view of the matter, case is made out for grant of bail subject to certain conditions.

O R D E R

I.

Criminal Bail Application is hereby allowed.

II.

The applicant - Ashok Padmakar Narwade be released on bail in connection with Crime No.209 of 2023 dated 4.4.2023 registered with Taluka Jalna police station, District Jalna for the offences punishable under sections 307, 326, 323, 504, 34 of the Indian Penal Code on furnishing P.B. & S.B. of Rs.50,000/- (Rs.Fifty Thousand) on the following conditions :- a] The applicant shall not enter in the village Sarvadi, Dist Jalna till conclusion of the trial. b] The applicant shall not tamper the prosecution evidence.

c] The applicant shall not make any attempt to contact with any witness named in the charge-sheet.

d] The applicant shall attend each and every date of the trial and co-operate for early disposal of the case.

III.

Bail application is accordingly disposed off. ( S.G. CHAPALGAONKAR J. ) ...