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Bombay High CourtBA/1077/2020disposed off

Subhash S/O Nago Hatkar v. State Of Mah. Thr. Pso Jaulka Tq.Malegaon Dist.Washim

2020-12-07Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

46BA1077.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 1077 OF 2020 Subhash s/o Nago Hatkar Vrs.

The State of Maharashtra, thr. P.S.O. Jaulka, Tq. Malegaon, Dist. Washim -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order --------------------------------------------------------------------------------------------------------- Shri D.G. Dhobale, Adv. for the applicant.

Shri I.J. Damle, APP for the non-applicant / State. .....

CORAM : PUSHPA V. GANEDIWALA, J.

DECEMBER 07, 2020.

Heard.

2.

The present applicant is seeking bail in Crime No. 266/2020 registered at Police Station Jaulka, Tq. Malegaon, Dist. Washim for the offence punishable under Section 302 and 341 read with Section 34 of the Indian Penal Code.

3.

Perused the application, affidavit-in-reply filed on behalf of the State and the documents annexed. 4.

At the outset, the allegation against the present applicant is only to the extent that he assaulted the deceased with fists and blows while co-accused Gautam Bhalerao assaulted on the head of the deceased with stone. The cause of death as per post-mortem report

46BA1077.2020.odt is head injury. The quarrel between two parties was on account of ploughing of agricultural field. The co-accused with similar role is already on bail by this Court. 5.

Considering the role attributed to the present applicant coupled with the fact that the co-accused is on bail, on the ground of parity the applicant is entitled to bail. Hence, the following order :

(i) The applicant - Subhash s/o Nago Hatkar be released on bail on executing Personal bond of Rs. 25,000/- with a solvent surety of like amount.

(ii) The applicant shall not make any attempt to tamper with the evidence or to influence witnesses, directly or indirectly.

(iii) The applicant shall attend each date of hearing scrupulously.

(iv) The applicant shall not leave the country without the permission of the trial Court.

JUDGE D.S. Baldwa