Murlidhar S/O Shamraoji Thorat v. State Of Mah. Thr. Pso Sawangi (Meghe) Dist.Wardha

927BA997.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 997 OF 2020 Murlidhar s/o Shamraoji Thorat Vrs.

The State of Maharashtra, thr. P.S.O. Sawangi (Meghe), Dist. Wardha -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order --------------------------------------------------------------------------------------------------------- Shri M.V. Rai, Adv. for the applicant.

Shri H.D. Dubey, APP for the non-applicant / State. .....

CORAM : PUSHPA V. GANEDIWALA, J.

DECEMBER 18, 2020.

Heard.

2.

The applicant is seeking bail in Crime No.

37/2019 registered at Police Station Sawangi (Meghe), Dist. Wardha, for the offence punishable under Section 302 of the Indian Penal Code.

3.

I have perused the application, affidavit-inreply filed on behalf of the State and the charge-sheet with the assistance of learned counsel on behalf of both the sides.

4.

At the outset, the murder is the outcome of the fight between two villagers on the issue of vegetables and the weapon used is stick. The postmortem report shows injuries in the nature of linear abrasion and contusion. The cause of death is injury to both lungs due to chest trauma due to physical assault with wooden stick. 5.

Considering the nature of weapon used and the death is the outcome of the fight between two

927BA997.2020.odt villagers on the issue of vegetables, it appears that there was no intention to commit murder and the investigation is completed and the charge-sheet is also filed, this Court is inclined to grant him bail. Hence, the following order : (i) The applicant - Murlidhar s/o Shamraoji Thorat shall be released on bail on executing Personal bond of Rs. 25,000/- (Rs. Twenty five thousand only) with one surety in the like amount.

(ii) The applicant shall not tamper with the evidence of prosecution witnesses.

(iii) The applicant to attend the concerned police station once in a month i.e. on every first Monday of the month between 12.00 noon and 2.00 p.m.

6.

Needless to mention that the observations made in this application are strictly for deciding the present application of the applicant and the trial Court shall not get influenced by the same and shall be free to decide the matter on its merits.

7.

The criminal application is disposed of accordingly.

JUDGE D.S. Baldwa