Sagar S/O Sonaji Bhakde And Another v. The State Of Maharashtra, Thr. Pso, Janefal Police Station, Janefal, Tq. Mehakar, Dist. Buldhana

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.456 OF 2022 Sagar S/o Sonaji Bhakde and another

Versus

State of Maharashtra, through P.S.O., P.S. Janefal, Tq. Mehkar, Dist. Buldhana Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S.M. Awachar, Advocate for the applicants. Shri V.A. Thakare, A.P.P. for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 14/06/2022 1.

The applicant is seeking bail in Crime No.10 of 2022, dated 17.01.2022, registered with Police Station Janefal, District Buldhana, for the offences punishable under Sections 306, 324, 323, 504 and 506 read with Section 34 of the Indian Penal Code.

2.

Shri Awachar, learned counsel for the applicants submits that on completion of investigation, the Investigating Agency has filed charge-sheet and no further custody of the applicants is necessary. It is submitted that the applicants have been falsely implicated in the alleged offence.

3.

Shri Awachar, learned counsel for the applicants points out that the applicant No.2 is 65 years old

and both the applicants are in jail since 17.01.2022. Accordingly, he prays for grant of bail.

4.

On the other hand, Shri Thakare, learned APP opposes the present application and prays for rejection of the same.

5.

I have perused the charge-sheet and also the contents of the First Information Report (FIR). 6.

Prima facie it appears that there was some dispute between the deceased and the applicants. In this case, the investigation is over and the charge-sheet has been filed. As such, further custody of the applicants is not necessary. Moreover, as there is nothing to show that the applicants may pressurize the prosecution witnesses or tamper with the prosecution evidence or he will not be available for the trial, if the bail is granted. Accordingly, I pass the following order:

a) The criminal application is allowed.

b) It is directed that the applicants shall be released on bail in Crime No.10 of 2022, registered with Police Station Janefal, District: Buldhana, for the offences punishable under Sections 306, 324, 323, 504 and 506 read with Section 34 of the

Indian Penal Code, on furnishing P.R. Bond of Rs.25,000/- each with one solvent surety in the like amount for each of the applicants.

c) The applicants shall attend the concerned Police Station as and when their presence is required. d) The applicants shall not tamper with the prosecution witnesses.

e) The applicants shall not leave the jurisdiction of the concerned Police station without permission of the Court.

The criminal application is disposed of, accordingly.

[ANIL S. KILOR, J.] Signed By:CHETAN LOPCHAND DHAKATE Personal Assistant to the Hon'ble Judge