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Bombay High CourtBA/1665/2024application allowed

Ajay Suresh Sonawane v. The State Of Maharashtra

2024-10-14Hon'Ble Shri Justice S. G. Mehare2 pages

2024:BHC-AUG:24958 1665.2024BA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

38 BAIL APPLICATION NO. 1665 OF 2024 AJAY SURESH SONAWANE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Deshmukh Bhausaheb Sadashivrao APP for the respondent-State : Mr.S.B. Pulkundwar ...

CORAM : S. G. MEHARE, J.

DATE :

14th October, 2024.

P.C.:

1.

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

2.

The applicant seeks bail in Crime No.87 of 2024 registered with Shanipeth Police Station, Dist. Jalgaon, for the offences punishable under sections 302, 365, 143, 145, 147 and 149 of the Indian Penal Code.

3.

The prosecution case is that the applicant and others were beating the deceased in a garden. He asked one of the accused what happened and why they were beating the deceased. He told him that he committed theft in his house. Thereafter, again main accused smashed his head against tractor and another co-accused gave kick blows on his chest. However, there are general allegations levelled against the applicant. The allegations against all the accused are that they were beating the deceased. No specific role has been attributed to the applicant by the eye-witnesses. No weapon is used in this crime.

1665.2024BA.odt Therefore, nothing is to be recovered against the applicant. The applicant is languishing in jail for sufficient time. Chargesheet has been filed. Considering the allegations against the applicant, this Court is of view that no purpose will be served by keeping him behind the bars. Hence, the following order:

O R D E R

(i) Bail Application is allowed.

(ii) Applicant AJAY SURESH SONAWANE be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of like amount, in the above crime, for the aforesaid offences, on the following conditions : (a) The applicant should not tamper with the prosecution witnesses.

(b) He should attend the trial on each and every effective date of hearing and co-operate with the Trial Court to conclude the trial within a reasonable time.

(S.G. MEHARE, J.) sga