Akash Dadu Gawate And Another v. The State Of Maharashtra

937-BA.2044-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 937 BAIL APPLICATION NO.2044 OF 2022

1. AKASH DADU GAWATE

2. SANDIP JAITU BHOIR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Salunke Mayur Vasant. APP for Respondent-State : Mr. K. S. Patil.

...

CORAM : S. G. MEHARE, J.

DATE : 03.01.2023 PER COURT :- 1.

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

2.

It has been alleged in the FIR that the deceased found dead in her room and some golden ornaments from her person were taken away. The evidence of sole witness Pushpa reveals that on the day of the incident, when she had been to the house of the deceased at about 6.00 p.m., both the accused came there and then they left therefrom. There is no recovery of the alleged ornaments. The prosecution has no evidence to believe that the applicants may have committed the murder. The papers does not reveal a strong evidence against the applicants at this juncture. The investigation has been

937-BA.2044-22.odt completed. Nothing remained to be investigated from the applicants. In these circumstances, the applicants deserve bail. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant No.1. AKASH DADU GAWATE and 2.

SANDIP JAITU BHOIR be released on bail on furnishing P.B. and S.B. of Rs.50,000-/- (Rupees Fifty Thousand only) each with one solvent surety of the like amount each, in Crime No.328 of 2021, registered by Police Station Akole, District Ahmednagar, for the offences punishable under Sections 302, 394, 452 of the IPC, on the condition not to tamper with the prosecution witnesses.

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

vmk/-