Siddheshwar Sambhaji Kadrale And Another v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1379 OF 2023

1. Siddheshwar Sambhaji Kadrale

2. Shivling Baliram Kadrale ..APPLICANTS

VERSUS

State of Maharashtra ..RESPONDENT ....

Mr. N.S. Ghanekar, Advocate for applicants Mr. A.R. Kale, A.P.P. for respondent - State ....

CORAM : R.G. AVACHAT, J.

DATE : 17th OCTOBER, 2023 PER COURT :

1.

This is an application for bail under Section 439 of Code of Criminal Procedure. The applicants have been arrested in connection with Crime No. 324 of 2021 registered with Mukhed Police Station, Dist. Nanded for the offences punishable under Sections 302, 201, 324, 323, 143, 147, 148 and 149 of the Indian Penal Code.

2.

Heard. Perused First Information Report ("F.I.R.") and related police papers.

3.

Learned A.P.P. opposed grant of bail to the applicants. 1 / 3

4.

This Court, vide order dated 11th July, 2022 had refused to grant bail to the present applicants on the ground of there being an eye witness account of one Manisha. While refusing to grant bail, this Court directed the trial Court to conclude the trial within twelve months. It is now informed that almost all the witnesses have been examined. Recording of evidence of the investigating officer is underway.

5.

Learned counsel for the applicants has placed on record copies of evidence of relevant witnesses. Manisha and her son have turned hostile. So far as evidence of Balaji is concerned, this Court refrains itself from making any observations.

6.

In view of above, the application deserves to be allowed. Hence, I pass the following order :-

ORDER

(I) The application is allowed.

(II) The applicants be released, in connection with Crime No. 324 of 2021 registered with Mukhed Police Station, Dist. Nanded for the offences punishable under Sections 302, 201, 324, 323, 143, 147, 148 and 149 of the Indian Penal Code, on executing P.R. Bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) each with one surety in the like amount.

2 / 3

(III) The applicants shall attend hearing of the case on each and every date and shall cooperate the trial Court to take the trial to its logical conclusion.

( R.G. AVACHAT, J. ) SSD 3 / 3