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Bombay High CourtBA/1941/2022application allowed

Sunny Ravindra Deokar v. The State Of Maharashtra

2023-02-15Hon'Ble Shri Justice S. G. Mehare2 pages

929- B. A. No. 1941-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1941 OF 2022 SUNNY RAVINDRA DEOKAR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Prasad Jarare APP for Respondent: Mr. S. P. Sonpawale ....

CORAM : S. G. MEHARE, J.

DATE : 15.02.2023 PER COURT :

1.

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

2.

The applicant is the first informant turned accused. The appellant lodged a report making allegations against the other co-accused. He had also alleged in the first information report that some of the coaccused assaulted him with stick. He suffered head injury. He took the injured to the hospital. However, subsequently, the statements of the witnesses were recorded. They have stated against the applicant that he instigated the other co-accused to commit the crime. Only on the basis of this evidence, he has been arraigned as an accused. The fact remains that the applicant has also suffered the injury in the same incident. In subsequent development in the investigation, the

929- B. A. No. 1941-2022.odt allegations of instigation against the applicant have been levelled. There are no allegations that the applicant assaulted any of the injured or used the weapon. In the circumstances, the applicant deserves bail. Hence, the following order :- (i) The application is allowed.

(ii) Applicant Sunny Ravindra Deokar, be released on bail, on executing P.B. and S.B. of Rs.50,000/- with one solvent surety in the like amount, in C.R. No. 42/2022 registered with Pachora Police Station, District Jalgaon, for the offences punishable under Sections 302, 143, 147, 148, 149, 324, 323, 504, 114, 120B and 201 of the Indian Penal Code and Section 37(1) of the Maharashtra Police Act, on the condition that he shall not tamper with the prosecution witnesses.

( S. G. MEHARE ) JUDGE ysk