Kishor S/O Bhayyaji Bhongade v. State Of Mah. Thr. Pso Ps Wadi Dist.Nagpur

10.ba.821.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.821 OF 2022 Kishor S/o Bhayyaji Bhongade ..Vs.. State of Maharashtra, through P.S.O., P.S. Wadi, Nagpur Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S. Khan, Adv. h/f Shri M.S. Wakil, Adv. for the applicant. Shri T.A. Mirza, A.P.P. for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 23/08/2022 1.

The applicant is seeking bail in Crime No.67 of 2022, dated 28.01.2022, registered with Police Station Wadi, District: Nagpur, for the offences punishable under Sections 302 read with Section 34 of the Indian Penal Code. 2.

Shri Khan, learned counsel for the applicant submits that the name of the applicant was not feature in the First Information Report (FIR) and subsequently, on a statements of some of the witnesses, he was arraigned as accused. He further submits that the applicant has been falsely implicated in the alleged offence. Accordingly, he prays for grant of bail.

3.

On the other hand, Shri Mirza, learned APP strongly opposes the present application and submits that there are eye witnesses, who have attributed specific role to the applicant and accordingly, he submits that considering C.L.Dhakate

10.ba.821.2022.odt the seriousness of the offence, this Court may not grant bail to the applicant.

4.

I have perused the Charge-sheet and the FIR.

5.

From the charge-sheet, it can be seen that, the Investigating Officer has recorded the statements of eye witnesses, who have attributed specific role to the applicant in the alleged offence. There are 20 injuries found on the person of the deceased.

6.

Thus, considering the incriminating material available, nature and seriousness of the offence and severity of punishment which conviction will entail, I am not inclined to grant bail. Accordingly, I pass the following order:

The criminal application is rejected.

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