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Bombay High CourtBA/1071/2022allowed

Nandkishor S/O Sonaji Bhakde v. The State Of Mah. Thr. Pso Ps Janefal Tq.Mehkar And Dist.Buldhana

2022-10-04Hon'Ble Shri Justice Anil S. Kilor2 pages

19.ba.1071.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.1071 OF 2022 Nandkishor S/o Sonaji Bhakde .Vs. 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 applicant. Shri S.M. Ghodeswar, A.P.P. for the non-applicant/State. Shri P.U. Kavishwar, Advocate (Assist to Prosecution). CORAM : ANIL S. KILOR, J.

DATED : 04/10/2022 Heard.

2.

The applicant is seeking bail in Crime No.10 of 2022, registered with Police Station Janefal, District: Buldhana, for the offences punishable under Sections 143, 147, 149, 306, 323, 324, 342, 504 and 506 of the Indian Penal Code.

3.

The allegations are that because of assault and continuous harassment by the accused, the deceased committed suicide.

4.

The applicant is in jail from January, 2022 i.e. for about 10 months. In this case, the investigation is completed and the charge-sheet has been filed. Thus, further custody of the applicant is not necessary. Moreover, except the applicant, all other accused persons are already released on bail.

C.L.Dhakate

19.ba.1071.2022.odt 5.

The learned counsel for the complainant and the learned APP has strongly opposed the application. However, considering the nature of allegations and the period of incarceration, coupled with the fact that, all other accused persons are released on bail, I am of the opinion that the applicant is entitled for grant of bail. In that view of the matter, I pass the following order:

a) The criminal application is allowed.

b) It is directed that the applicant shall be released on bail in Crime No.10 of 2022, registered with Police Station Janefal, District: Buldhana, for the offences punishable under Sections 143, 147, 149, 306, 323, 324, 342, 504 and 506 of the Indian Penal Code, on furnishing P.R. Bond of Rs.25,000/- with one solvent surety in the like amount.

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

The criminal application is disposed of accordingly.

JUDGE Signed By:CHETAN LOPCHAND DHAKATE Personal Assistant to the Hon'ble Judge C.L.Dhakate