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Bombay High CourtBA/2032/2022application allowed

Vitthal Premsingh Pardeshi v. The State Of Maharashtra

2023-01-07Hon'Ble Shri Justice S. G. Mehare2 pages

926-ba-2032-2022.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.2032 OF 2022 VITTHAL PREMSINGH PARDESHI

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Bhosle Abhaysinh K. APP for Respondent/State : Mr. S.P. Deshmukh ...

CORAM : S.G. MEHARE, J.

DATED : JANUARY 07, 2023 PER COURT:- 1.

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

2.

The applicant has been arraigned in the crime after a long gap from the date of incident. The applicant has a case that he being the maternal brother of the main accused, has been implicated in the crime. He had no concern with the alleged incident. Nothing has been recovered from him. The dead body was recovered at the instance of the main accused. The investigation has been completed. Hence, he may be granted bail.

3.

Learned APP would submit that the offence is serious. There are circumstances against the applicant. Hence, he may not be granted bail.

4.

Perused the charge sheet. There appears no strong circumstance to believe the prosecution case at this juncture. Nothing

926-ba-2032-2022.odt (2) has been recovered from the applicant. There are no antecedents to his discredit. Hence, it would be inappropriate to keep the applicant behind the bar. Hence, the following order :

ORDER

(i) Bail Application is allowed.

(ii) The applicant, Vitthal Premsingh Pardeshi, be released on bail on executing P.B. and S.B. of Rs.50,000/- (Rupees fifty thousand) with one solvent surety in the like amount in connection with Crime No.428 of 2022, registered at MIDC Police Station, District Jalgaon for the offence punishable under Section 365, 364, 302, 201 read with Section 34 of the Indian Penal Code, on the condition that he shall not tamper with the prosecution evidence. (S.G. MEHARE, J.) Mujaheed//