Pandit S/O Pralhadrao Bahirat v. The State Of Maharashtra, Through P.S.O. P.S. Darwha, Yavatmal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Application [APPA] No. 229 of 2015 IN Criminal Appeal No. 138 of 2015 [Pandit Pralhadrao Bahirat Vs. State of Mah., PS, Darwha, Distt. Yavatmal] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. R.M. Daga, Adv., for the Applicant.

Mr. T.A. Mirza, APP for respondent.

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CORAM

:

A.B. CHAUDHARI AND P.N. DESHMUKH, JJ.

DATE :

24th April, 2015.

Heard learned counsel for rival parties. Seen the entire evidence with the assistance of the learned counsel for the rival parties. Perused the reasons given by the learned Trial Judge for recording conviction of the present Applicant - Pandit Pralhadrao Bahirat. Who has applied for grant of bail.

In all, there were four accused persons before the Trial Court who have been convicted of offence under Section 302, Indian Penal Code. This is a bail application only by Accused No. 2 - Pandit Pralhadrao Bahirat. Looking to the evidence against him, it is clear to us that except the evidence that he had caught hold of the witness Ashish [PW 1], there is no allegation that he had taken part in assault on the deceased Vitthal or that he was sharing any common intention . That being so, we make the following order:-

O R D E R

[a] Criminal Application No. 229 of 2015 is disposed of.

[b] Applicant shall be released on bail upon furnishing a Personal Bond in a sum of Rs.

10,000/- [rupees ten thousand only only] with one surety in the like amount, pending decision of instant appeal.

Judge Judge |हेडाऊ |