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Bombay High CourtBA/1943/2022application allowed

Amol Arun Lokhande v. The State Of Maharashtra

2023-01-05Hon'Ble Shri Justice S. G. Mehare2 pages

923-BA.1943-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 BAIL APPLICATION NO.1943 OF 2022 AMOL ARUN LOKHANDE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Shekade Shashikant E., Mr. Sabale Sarita Shesharao.

APP for Respondent-State : Mr. S. B. Narwade. ...

CORAM : S. G. MEHARE, J.

DATE : 05.01.2023 PER COURT :- 1.

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

2.

The deceased was the brother of the applicant. The deceased found lying dead in front of his house. There was no eye witness to the incident. The child witness introduced as an eye witness also does not support the prosecution. Except the blood stains found on the clothes of the applicant, prosecution has no other evidence at this juncture. Such evidence is normally a corroborative piece of evidence. However, it has been transpired in the investigation that the deceased was addicted to liquor and used to raise quarrel with his family. The investigation has been completed. Nothing is to be

923-BA.1943-22.odt recovered from the applicant. The applicant is a young boy of 20 years having no antecedents to his discredit. Therefore, in view of the fact, if the bail is granted, it would not cause any harm to the prosecution. Hence, the following order:

O R D E R

(i) Bail Application is allowed.

(ii) Applicant AMOL ARUN LOKHANDE be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount, in Crime No.411 of 2022, registered by Police Station Rahuri, District Ahmednagar, for the offence punishable under Section 302 of the IPC, on the condition not to tamper with the prosecution witnesses.

(S. G. MEHARE, J.) ...

vmk/-