Sachin Manchak Narwade v. The State Of Maharashtra

929-BA-1787-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1787 OF 2022 SACHIN MANCHAK NARWADE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Manikrao L. Wankhade APP for Respondent : Mr. A. A. Jagatkar ...

CORAM :

S. G. MEHARE, J.

DATE :

02-12-2022 PER COURT :- 1.

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

2.

The applicant/son has been arrested for murder of his mother. It has been alleged against him that few days before the incident, he had stolen the cot and kept its wires in the house of the deceased. Thereafter, after four to five days, the mother of the applicant found dead in the house. The help of the dog squad was taken. The dog went to the house of the applicant and smelled those wires of the cot. On that basis, the applicant has been arrested. The police have recovered the weapons from the spot of the incident. However, the police has no concrete evidence that the applicant was the person who used those weapons. There appears a substance in the argument of the

929-BA-1787-22.odt learned counsel for the applicant that since the applicant had stolen the cot from the house of the deceased few days before the incident, on that suspicion, the applicant has been arraigned as an accused. There appears no circumstance to believe the prosecution story at this juncture. In that view of the matter, the Court is of the view that the applicant has a prima facie case for bail. Hence, the following order :- i) The application is allowed.

ii) Applicant Sachin s/o. Manchak Narwade 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.0180 of 2021 registered with Daultabad Police Station, District Aurangabad, for the offence punishable under Section 302 of the Indian Penal Code, on the condition that he shall not tamper with the prosecution witnesses.

( S. G. MEHARE ) JUDGE rrd