Prabhu Poshatti Karlod v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 BAIL APPLICATION NO.2247 OF 2022 WITH APPLN/495/2023 IN BA/2247/2022 PRABHU POSHATTI KARLOD

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Lone Rajendra M. APP for Respondent-State : Mr. S. P. Sonpawale. Adv. for Complainant to assist APP : Mr. Anerao P. S. (Absent). ...

CORAM : S. G. MEHARE, J.

DATE : 16.02.2023 PER COURT :- 1.

In the morning, this matter was called out. That time, learned counsel Mr. Anerao for the complainant was not present. Hence, the matter was kept back. Learned counsel for the applicant states that he made him a phone call. He told him that he is coming, but till 1.25 p.m., he did not turnup. That goes to show that he has no interest to oppose the application. However, to protect the interest of the injured and the State, the learned APP is arguing for them. Therefore, the matter is proceeded without hearing the learned counsel Mr. Anerao.

2.

The role attributed to the applicant is that he has handed over the knife to the co-accused. Except this allegation, there is nothing against the applicant. The applicant was not the assailant. The weapon allegedly used in the crime has been recovered from the another co-accused. Considering the role attributed to the applicant, his detention appears not required. He deserves bail. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant PRABHU POSHATTI KARLOD 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.302 of 2022, registered by Police Station Bhokar, District Nanded, for the offences punishable under Sections 307, 324, 323, 506 read with Section 34 of the IPC, on the following conditions :

(a) The applicant shall not tamper with the prosecution witnesses.

(b) He shall attend the trial on each effective date.

(iii) Criminal application No.495 of 2023 to assist the learned APP is allowed.

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

vmk/-