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Bombay High CourtBA/1518/2022application allowed

Bharat Tukaram Lashakare v. The State Of Maharashtra

2022-11-15Hon'Ble Shri Justice S. G. Mehare3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 BAIL APPLICATION NO.1518 OF 2022 BHARAT TUKARAM LASHAKARE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Vikhe Pratap B.

APP for Respondent-State : Mr. S. B. Narwade. ...

CORAM : S. G. MEHARE, J.

DATE : 15.11.2022 PER COURT :- 1.

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

2.

The applicant has been arraigned as an accused for a murder of one lady who was working with complainant in his hotel. The prosecution has no case of last scene together. However, subsequently the story has been developed that two weeks before the incident, the applicant had been to the hotel and was asking for the food on credit. When the deceased and wife of the complainant denied, he had threatened her to kill. The prosecution case rests upon the recovery of the incriminating evidence at the instance of the applicant and coaccused. On the basis of this material, the applicant has been

arraigned as an accused in the present crime. The applicant was arrested soon after the incident. He is languished in jail from 08.12.2021. The evidential value of the articles recovered at the instance of the accused is used to corroborate the case of the prosecution. The charge sheet has been filed. Considering the nature of allegations, the incident and the role attributed to the applicant, the Court is of the view that his further detention would not serve the purpose. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant BHARAT TUKARAM LASHAKARE be released on bail on furnishing P.B. and S.B. of Rs.15,000/- (Rupees Fifteen Thousand only) with one solvent surety of the like amount, in Crime No.457 of 2021 registered by Police Station Loni, District Ahmednagar, for the offence punishable under Section 302 of the IPC, on the following conditions :

(a) He shall not tamper with the prosecution witnesses.

(b) He shall attend the trial on each and every effective date.

(S. G. MEHARE, J.) ...

vmk/-