Kishor Pundlik Aade v. The State Of Maharashtra

942-BA-1682-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1682 OF 2022 WITH APPLN/3502/2022 IN BA/1682/2022 KISHOR PUNDLIK AADE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Sudarshan J. Salunke APP for Respondent/State : Mr. V. M. Kagne Advocate for complainant : Mr. G. R. Jadhav CORAM :

S. G. MEHARE, J.

DATE :

20-10-2022 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned A.P.P. for the respondent/State.

2.

An unfortunate incident happened that son, in the fit of anger, gave stroke to father and he died. It was complained against the deceased that he was harassing his mother continuously and making the family atmosphere tensed. The applicant was studying at Kinwat. He used to come on holidays. On the day of assault, he was doing his routine work and suddenly the incident happened. There is no eye witness to the incident. The applicant is 21 years old. There was no antecedent to his discredit. The investigation is completed. Nothing is to be recovered. His education has been disturbed. He is behind bars for a long period. Though, the offence is serious, but the circumstances permit the Court to exercise discretion. Hence, the following order :-

942-BA-1682-22.odt i) Application is allowed.

ii) Applicant Kishor Pundlik Aade be released on bail, on furnishing PB and SB of Rs.25,000/- with one solvent surety of the like amount, in C.R.No. 40 of 2022 registered with Police Station Islapur, District Nanded, for the offences punishable under Section 302 of the Indian Penal Code, on the following conditions;

(a) he shall not tamper with the prosecution witnesses, (b) he shall attend the court on every material hearing, and (c) he should not try to protract the trial.

iii) Criminal Application No.3502 of 2022 is allowed. ( S. G. MEHARE ) JUDGE rrd