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Bombay High CourtBA/1489/2022application allowed

Sambhaji Madhav Namwad v. The State Of Maharashtra

2022-09-26Hon'Ble Shri Justice R. G. Avachat2 pages

12-BA.1489.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1489 OF 2022 Sambhaji s/o. Madhav Namwad ..Applicant Vs.

The State of Maharashtra ..Respondent ---- Mr.V.D.Gunale, Advocate for applicant Mr.R.B.Bagul, APP for respondent ---- CORAM : R.G. AVACHAT, J.

DATE : SEPTEMBER 26, 2022 ORDER :- This is an application under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with Crime No.176 of 2021 registered with Jalkot Police Station, Tq. Jalkot, Dist.Latur, for the offences punishable under Sections 307, 302, 504 and 506 read with Section 34 of Indian Penal Code. 2.

Heard learned counsel appearing for the parties. 3.

Perused the First Information Report and related papers. 4.

Learned APP has strongly opposed the application in view of seriousness of the offence. The fact is, however, that the applicant is 78 years of age. The deceased died of multiple injuries. All other

12-BA.1489.2022 co-accused have been granted bail. On investigation, charge sheet has been filed. It will take time for commencement and conclusion of the trial.

5.

In view of the above, the Court is inclined to grant the applicant bail. Hence, the following order:- (i) The application is allowed.

(ii) The applicant be released in connection with Crime No.176 of 2021 registered with Jalkot Police Station, Tq. Jalkot, Dist.Latur, for the offences punishable under Sections 307, 302, 504 and 506 read with Section 34 of Indian Penal Code, on executing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount.

(iii) The applicant shall not tamper with the prosecution evidence.

[R.G. AVACHAT, J.] KBP