Mayur Gorakh Supekar v. The State Of Maharashtra

2024:BHC-AUG:2735 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 BAIL APPLICATION NO. 2328 OF 2023 Mayur Gorakh Supekar

VERSUS

The State of Maharashtra ...

Advocate for Applicant : Mr. Ingole Dhanraj S. APP for Respondents: Mr. Mukesh K. Goyanka .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 7th FEBRUARY, 2024.

PER COURT :- 1.

This is an application for grant of bail under section 439 of Cr.P.C. in connection with crime No. 0691 of 2023 registered with Karjat police station, District Ahmednagar, for the offences punishable under Sections 307, 324, 143, 147, 148, 149, 504, 506 of I.P.C. His application with similar prayer bearing criminal bail M.A. No. 781 of 2023 came to be rejected by the learned Additional Sessions Judge, Shrigonda, vide order dated 14.12.2023. 2.

It is averred in the report by the informant that a quarrel took place in between 24.10.2023 to 25.10.2023. At that time, the applicant and other accused persons assaulted the informant with iron road, wooden log etc.

3.

Learned advocate for the applicant submits that all other accused persons are released on bail by the trial court. The

-2applicant has roots in the society. He will not flee away from trial. The charge sheet is submitted. The trial will take long period. He therefore prayed for allowing the application. 4.

Learned A.P.P. for the respondent-State has strongly opposed the application by pointing out injury certificate of the informant. He pointed out that the informant has suffered two grievous injuries i.e. CT brain suggestive of thin subdural hematoma along right tentorium with fracture of left tempero - parietal bone. He therefore, prayed for rejection of the application.

5.

Perused the charge sheet, particularly the report and the injury certificate of the informant. Considering the facts and circumstances of the case, more particularly the charge sheet is filed and the trial will take long period, the applicant deserves to be released on bail. The applicant has roots in the society. He will not flee away from the trial. The application therefore, deserves to be allowed on certain stringent conditions. Hence, the following order.

O R D E R

I.

Application is allowed.

II.

The applicant in connection with crime No. 0691 of 2023 registered with Karjat police station, District Ahmednagar, for

-3the offences punishable under Sections 307, 324, 143, 147, 148, 149, 504, 506 of I.P.C. be released on bail on furnishing personal bond of Rs.1,00,000/- (Rupees One lac only) with one surety of the like amount on following conditions:- a) The applicant shall not tamper with the prosecution evidence and shall not pressurize the prosecution witnesses, in any manner.

b) The applicant shall not enter within the vicinity of village Kuldharan, Tq. Karjat, District Ahmednagar, till conclusion of trial.

c) If the applicant commits breach of any of the conditions stipulated in this order, the concerned police/ investigating officer or the informant are at liberty to proceed against the applicant for cancellation of bail, without reference to this court.

(SANJAY A. DESHMUKH, J.) rlj/