Pundalik Laxmanrao Mudgule v. The State Of Maharashtra

2024:BHC-AUG:26517 946-BA-1903-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1903 OF 2024 PUNDALIK LAXMANRAO MUDGULE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Prashant Prabhakar Giri, Mr. Yogesh Ganesh Kasod APP for Respondent : Mr. A. A. A. Khan ...

CORAM : S. G. MEHARE, J.

DATE : 24-10-2024 PER COURT :- 1.

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

2.

The applicant seeks bail in C.R.No.0040 of 2024 registered with Sonkhed Police Station, District Nanded, for the offences punishable under Sections 498A, 302 and 323 read with Section 34 of the Indian Penal Code.

3.

The facts of the case reveal that the deceased was suffering from various diseases. She required alternate day injections. A day before the incident, she was taken to the hospital. When the health of the deceased was deteriorated, the applicant was present in the house. Therefore, he immediately took her to the hospital. The parents of the deceased were knowing about her

946-BA-1903-24.odt diseases. The applicant immediately called her parents when she was taken to the hospital at Nanded and they were also there. Whether the cause of death is due to the acts of the applicant or for other reasons, would be tested during the trial on evaluating the evidence. The conduct of the applicant was natural. The deceased was suffering from diseases which required regular treatment. No weapon was used in the crime. The chargesheet has been filed. Nothing is to be recovered from the applicant. Hence, keeping him behind bar would serve no purpose. Hence, the order:-

ORDER

i) The application is allowed.

ii) Applicant - Pundalik Laxmanrao Mudgule be released on bail, on furnishing PB and SB of Rs.50,000/-, with one solvent surety of the like amount, in the above crime for the aforesaid offences, on the conditions that, (a) He should not tamper with the prosecution witnesses. (b) He should attend the trial on each and every effective date.

( S. G. MEHARE ) JUDGE rrd