Pramod Janardhan Patil v. State Of Mha. Thr. Pso Shegaon Warora Dist.Chandrapur

90-ba-386-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (BA) No. 386 of 2022 Pramod Janardhan Patil

Versus

State of Maharashtra, through Police Station Officer, Shegaon, Warora, Dist. Chandrapur Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.P.Barahate, Advocate for the applicant. Shri V.A. Thakare, APP for the State / Non-applicant CORAM : ANIL S. KILOR, J.

DATED : 10th JUNE, 2022.

The applicant is seeking bail under Section 439 of the Code of Criminal Procedure in Crime No. 0209 of 2021 dated 16th July, 2021 registered with Police Station Shegaon, Dist. Chandrapur for the offence punishable under Section 302 of Indian Penal Code.

2.

Learned counsel for the applicant submits that after completion of investigation, the chargesheet has been filed and there is no point in keeping the applicant behind the bar. It is submitted that there are discrepancies in the statement which was relied upon by the prosecution to oppose this present application. SKNair

90-ba-386-22.odt 3.

On the other hand, learned Additional Public Prosecutor opposed the present application and submits that there sufficient material is collected by the Investigating Officer and on the basis of circumstantial evidence the involvement of the applicant is clear. It is pointed out that blood stains were found on the motorcycle and on the shirt of the applicant. 4.

I have perused the chargesheet and the First Information Report.

5.

The offence is heinous one in nature and in view of the circumstantial evidence available on record prima facie it shows the involvement of the applicant in the alleged offence. Thus, looking to the severity of the punishment and considering the possibility that the applicant may pressurize the witness, I am not inclined to allow this application. Accordingly, I pass the following order.

i.

Criminal application is rejected.

by SACHINDANAND K NAIR Date: 2022.06.13 18:27:57 +0530 [ANIL S. KILOR, J.] SACHINDANAND K NAIR SKNair