Bhimsing Phyarsing Mandloi v. The State Of Mah. Thr. Pso Ps Dharni Dist.Amravati Gramin
51.ba.650.2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.650 OF 2022 Bhimsing Phyarsingh Mandloi
Versus
State of Maharashtra, through P.S.O., P.S. Dharni, Dist. Amravati (Rural) 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. Thakare, Advocate for the applicant. Shri A.M. Kadukar, A.P.P. for the non-applicant/State. CORAM : ANIL S. KILOR, J.
DATED : 23/06/2022 1.
The applicant is seeking bail in Crime No.435 of 2020, dated 09.08.2020, registered with Police Station Dharni, District: Amravati (Rural), for the offence punishable under Section 302 of the Indian Penal Code.
2.
Shri Thakare, learned counsel for the applicant submits that the applicant has been falsely implicated in the alleged offence. He submits that, the person with whom the deceased was staying, is the person who has committed the murder of the deceased.
3.
He further argues that the applicant is in jail since last two years and there is no progress in the trial. Accordingly, he prays for grant of bail.
4.
On the other hand, Shri Kadukar, learned APP opposes the present application. He submits that the offence is very serious and the applicant himself going to the Police Station after commission of offence and admitted his guilty. C.L.Dhakate
51.ba.650.2022.odt 5.
I have perused the charge-sheet and contents of the First Information Report (FIR).
6.
Prima facie, it appears from the charge-sheet that the applicant after commission of the offence went to the Police Station and discloses the offence.
7.
As far as, the submission of the learned counsel for the applicant that the person with whom, the deceased was staying before her death, he has committed the murder of the deceased, will be a part of the trial. At this stage, this Court while considering the prayer of the applicant for grant of bail cannot comments on this.
8.
Looking to the seriousness of the offence and severity of punishment and the fact that he himself admitted the guilt after commission of this offence on surrendering before the police, I am not inclined to grant bail. Accordingly, I pass the following order:
The criminal application is rejected.
9.
At this stage, learned counsel for the applicant prays to expedite the trial.
10.
Considering the fact that the applicant is in jail for last two years, the learned trial Court is requested to expedite the trial.
[ANIL S. KILOR, J.] Signed By:CHETAN LOPCHAND DHAKATE Personal Assistant to the Hon'ble Judge C.L.Dhakate