Dilip S/O Mayaram Parteti v. State Of Mah. Thr. Pso., Police Station Parseoni, Tah. Parseoni, Dist. Nagpur

ba439of2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL BAIL APPLICATION (BA) 439 OF 2020 (Dilip s/o. Mayaram Parteti..vs.. State, thr PSO PS Parseoni, Dist. Nagpur) ------------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------ Shri A.C. Jaltare, counsel for applicant.

Shri P.S. Tembhare, APP for non-applicant.

CORAM: ROHIT B. DEO, J.

DATE:11.09.2020.

Hearing was conducted through video conferencing and the learned counsel agreed that the audio and visual quality was proper.

2.

Heard.

3.

The applicant is accused 2 in Crime 402/2019 registered with Parseoni Police Station for offence punishable under sections 302, 201 read with section 34 of the Indian Penal Code.

4.

Accused 1-Ramdas Parteti, who is the brother of the applicant, is released on bail by the learned Additional Sessions Judge-9, Nagpur.

5.

The case of the prosecution is that the deceased was in a relationship with the daughter of Ramdas and therefore Ramdas and the present applicant strangulated

ba439of2020.odt the deceased and threw the body in the well. The case is based on circumstantial evidence. While there is some recovery from Ramdas, who is already released on bail, prima facie, there does not appear to be any material to connect the applicant with the crime. In any event, the applicant is better placed than Ramdas as regards the entitlement to bail.

6.

The application is allowed.

7.

The applicant be released from custody in Crime 402/2019, registered with Parseoni Police Station, on furnishing P.R. Bond of 25,000/- with a surety of like ╾ҽ amount. Considering the prevailing situation, the surety may be furnished within four weeks from the release. 8.

The applicant shall not, directly or indirectly, make any attempt to influence the witnesses or otherwise tamper with the investigation.

9.

The applicant shall attend the dates of hearing regularly.

10.

The applicant shall not leave the country without the permission of the jurisdictional Court.

Judge Belkhede RS