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Bombay High CourtBA/744/2019allowed

Shri Ravi Devidasji Mate v. State Of Mah. Through Police Station Officer, Asegaon Tq Mangrulpir Dist Washim

2019-08-29Hon'Ble Shri Justice V.M. Deshpande2 pages

ba744.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO.744/2019 Ravi Devidasji Mate .vs. State of Maharashtra, through PSO P.S. Asegaon, Tq. Mangrulpir, Dist. Washim.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. P. M. Pande, Advocate for applicant.

Mr. N. R. Rode, A.P.P. for non applicant-State. CORAM : V. M. DESHPANDE, J.

DATED : AUGUST 29, 2019 This is an application for bail. The applicant is arrested on 08.01.2019 in connection with Crime No. 4/2019 registered with Police Station, Asegaon, Tq. Mangrulpir, Dist. Washim for an offence punishable under Sections 302, 201 and 34 of the Indian Penal Code. According to the prosecution, applicant has committed murder. After dead body of Devidas was found, initially A.D.No. 2/2019 was registered. In the post mortem report, observation of the autopsy surgeon was that it is suggestive of death due to strangulation. Therefore, according to the FIR, which is lodged by Police Inspector, Police Station, Asegaon, he went to record statement of wife and son of the deceased and found that they gave evasive replies, therefore they were joined as accused in this case.

Wife of the deceased is already released on bail. As per the prosecution case, deceased was habituated to drinking and smoking ganja. Due to that he used to beat his

ba744.19.odt wife and present applicant. According to the prosecution, fed up with that on the day of incident, they committed murder of the deceased.

The applicant is only of 19 years. The investigation is over. Charge-sheet is filed. Looking to the nature of accusation made, in my view, further custodial presence of the applicant is not necessary. That leads me to pass the following order.

ORDER

(i) The application is allowed.

(ii) Applicant-Ravi Devidasji Mate, be released on bail, in connection with Crime No. 4/2019 registered with Police Station, Asegaon, Tq. Mangrulpir, Dist. Washim for an offence punishable under Sections 302, 201 and 34 of the Indian Penal Code, on he executing P.R. Bond in the sum of Rs.10,000/- with one solvent surety in the like amount. (iii) The applicant is directed to attend police station Asegaon, once in three months till the trial is over. The application is disposed of.

JUDGE kahale