Bhau Rajaram Navsare v. The State Of Maharashtra And Another

2023:BHC-AUG:25499 952.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1596 OF 2023 Bhau Rajaram Navsare ....Applicant

VERSUS

The State Of Maharashtra And Another .....Respondent ...

Mr. A. S. More, Advocate for the Applicant.

Mr. M. K. Goyanka, Addl PP, for the Respondent - State. ...

CORAM:R.M. JOSHI, J DATE :DECEMBER 05, 2023 PER COURT :

1.

Applicant apprehends arrest in connection with with C.R. No. 258 of 2023 registered with Mirajgaon Police Station, Dist. Ahmednagar for the offences punishable under Sections 307, 427 of the Indian Penal Code.

2.

Kisan Jagtap gave report in respect of incident occurred on 07.08.2023. He claims that a year back a quarrel occurred with the Applicant. About the incident occurred on 07.08.2023 it is his claim that in order to kill the informant Applicant gave dash to his tractor to the motorcycle of the informant and thereafter tried to run over him. It is stated that

952.odt when he saw tractor being brought back against him he ran away from the spot.

3.

Merely because some quarrel had occurred a year back, would not provide motive for the Applicant to kill informant. Apart from this, even if the contention of the informant in the FIR are accepted to be true, it does not show any intention to kill the informant. At the most, it could be a case of accident. Admittedly, the tractor as well as motorcycle are already seized. Nothing is to be recovered at the instance of Applicant. Applicant has no criminal history behind him.

4.

In view of above, application stands allowed by confirming interim order dated 26th September, 2023. (R. M. JOSHI, J.) Malani