Manoj Suppadsing Maher v. The State Of Maharashtra

2024:BHC-AUG:27710

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 959 BAIL APPLICATION NO. 1893 OF 2024 MANOJ SUPPADSING MAHER

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Malpani Mohit Rajendra APP for Respondent/State : Mr. G.O. Wattamwar ...

CORAM

: ARUN R. PEDNEKER, J.

Dated : November 27, 2024 PER COURT :- 1.

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

2.

The applicant is seeking bail as he was arrested in connection with Crime No. 178/2024 dated 18.5.2024 registered with Shivoor Police Station, Aurangabad Rural, District Aurangabad for the offences punishable under section 307 of I.P.C.

3.

Prima facie, the case put up against the applicant, which appears in the F.I.R. is that on 17.5.2024 at about 10.00 p.m. to 10.30 p.m. while the informant was sleeping outside the house along with her two grand children, at about 3.00 a.m. of 18.5.2024 somebody had tried to stab her with knife. When she opened eyes, she found that her son in law, present applicant had knife in his hand and was making another blow. At that movement, she obstructed the applicant's another blow and suffered further injury on her fingers. As such, informant suffered injuries on the neck and also on the fingers. The injury on the neck is grievous which is caused by sharp object. When she has resisted and raised alarm, the other family members came

there and caught hold the applicant. Thereafter, they took the informant to the hospital. After taking treatment at hospital, at around 10.23 a.m. on 18.5.2024 the informant has given FIR for the aforesaid offence. 4.

It is stated in the complaint that since the wife of the applicant was staying with the complainant and has separated from the applicant, there was some matrimonial dispute between them and in pursuance of the same, the applicant had attempted to murder the complainant. After the FIR being registered, knife was seized from the spot of incident. The applicant was arrested on 18.5.2024 at 11.00 a.m. Clothes of the applicant were seized and sent for chemical analysis. Seizure panchanama of the clothes of the applicant does not indicate any blood stains on the clothes. However, report of C.A. is awaited. Considering the nature of injuries, the trial may take some time, applicant being in jail for more than six months, nature of relation between the complainant and the applicant, I deem it appropriate to grant regular bail to the applicant.

5.

In view of the above, the application is allowed in the following terms :

a] The applicant shall be released on bail in connection with Crime No. 178/2024 dated 18.5.2024 registered with Shivoor Police Station, Aurangabad Rural, District Aurangabad for the offences punishable under section 307 of I.P.C., on furnishing PR bond of Rs.15,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

b] The applicant shall not enter the Vaijapur taluka, the residing place of the complainant, during pendency of the trial, except for attending the court dates.

c] The applicant, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial.

d] The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court, for reasons to be recorded in writing.

e] The applicant shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case.

f] The applicant, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change. 6.

Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled. It is also clarified that the observations made in this order are limited to the disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove.

7.

The application stands disposed of.

( ARUN R. PEDNEKER, J. ) ssc/