Satyam Shankar Jadhav And Others v. The State Of Maharashtra

2024:BHC-AUG:282 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 48 BAIL APPLICATION NO. 2360 OF 2023 1.

Satyam Shankar Jadhav 2.

Sunil Rameshwar Jadhav ..APPLICANTS -VERSUSThe State of Maharashtra ..RESPONDENT ...

Advocate for Applicants : Mr. Abhaysinh K. Bhosle APP for Respondent/State : Mrs. Pratibha J. Bharad .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 8th JANUARY, 2024.

PER COURT :- 1.

The applicants are seeking bail in connection with crime No.0878 of 2023 registered with MIDC Waluj Police Station for the offences punishable under Sections 307, 323, 504, 506, 120-B read with 34 of the Indian Penal Code and under section 135 of the Bombay Police Act.

2.

The learned advocate for the applicants pointed out the report and the order granting bail to the co-accused. He submitted that this Court has held that practical investigation is over. 3.

The learned APP strongly opposed the application and submitted that there is serious case to try against the applicants. They have criminal antecedents. Possibility of similar type of crime on

-2the part of these applicants cannot be ruled out. Injuries sustained to the brother of the informant are grievous in nature. Considering all these aspects, she lastly prayed to reject the application. 4.

Perused the papers of investigation and the order passed by this Court. While passing the order, the learned Sessions Court observed that investigation is in progress. At the same time, this Court has observed that practical investigation is over. Considering the role of the applicants, rule of parity, nature of crime and fact that the applicants have roots in the society, the applicants will not certainly flee from the trial. However, to control their activities and commission of such crime in future, the application deserves to be allowed, on certain terms. Hence, the following order.

O R D E R

I.

Application is allowed.

II.

The applicants in connection with crime No.0878 of 2023 registered with MIDC Waluj Police Station for the offences punishable under Sections 307, 323, 504, 506, 120-B read with 34 of the Indian Penal Code and under section 135 of the Bombay Police Act be released on bail on furnishing personal bond of Rs.25,000/- each with one surety of the like amount on following conditions:- a) The applicants shall not tamper with the prosecution evidence and pressurize the witnesses, in any manner.

-3b) The applicants shall not enter into village Ranjangaon Shenpunji, Tq. Gangapur, Dist. Aurangabad till the decision of the trial.

(SANJAY A. DESHMUKH, J.) sga