Sunil Eknath Palve And Another v. The State Of Maharashtra

921-BA-1797-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1797 OF 2022 WITH APPLN/3585/2022 IN BA/1797/2022 SUNIL EKNATH PALVE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Abhaysinh K. Bhosle APP for Respondent : Ms. V. S. Choudhari Advocate for complainant : Mr. N. B. Narwade ...

CORAM :

S. G. MEHARE, J.

DATE :

22-11-2022 PER COURT :- 1.

Heard the learned counsel for the applicants, the learned A.P.P. for the respondent/State and Mr. Narwade, the learned counsel for the complainant assisting the learned A.P.P. 2.

After hearing the respective counsel, the Court expressed disinclination to grant bail to applicant No.1 Sunil s/o. Eknath Palve. The learned counsel for the applicant, on instructions, seeks leave to withdraw the application to his extent. Leave granted. The application of applicant No.1 Sunil s/o. Eknath Palve stands dismissed as withdrawn.

3.

After going through the chargesheet, it appears that the injury sustained to the injured due to assault by applicant No.2

921-BA-1797-22.odt Suresh s/o. Mahadev Palve was simple. The similarly situated coaccused has been released on bail. The material investigation is over. Nothing is to be recovered from him. The applicant is behind bar for sufficient time. Considering the material against the applicant, he may be granted bail. Hence, the following order :- i) The application is partly allowed.

ii) Applicant No.2 Suresh s/o. Mahadev Palve be released on bail, on furnishing PB and SB of Rs.15,000/- with one solvent surety of the like amount, in C.R.No. I-559 of 2022 registered with Pathardi Police Station, District Ahmednagar, for the offence punishable under Sections 302, 307, 324, 323, 337, 559, 147, 148, 149, 504, 506 read with Section 34 of the Indian Penal Code and Section 4/25 of the Arms Act and Section 7 of the Maharashtra Prevention of Defacement of Property Act, 1995, on the condition that he shall not tamper with the prosecution witnesses.

iii) Criminal Application No. 3585 of 2022 stands allowed and disposed of.

( S. G. MEHARE ) JUDGE rrd