Aditya Vilas Mohite v. State Of Maharashtra

2023:BHC-AS:25716 Darshan Patil 1.ba.14-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.14 OF 2023 ADITYA VILAS MOHITE ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Mr. Satyavrat Joshi i/b Samay Pawar for the Applicant. Mr. N. B. Patil, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : SEPTEMBER 5, 2023 P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under Sections 302, 307, 326, 324, 323, 143, 144, 147, 148, 149, 504, 506 of the Indian Penal Code and Sections 4 and 24 of the Arms Act, 1959, registered vide C.R. No.92 of 2021 dated 01/08/2021 with Kundal Police Station, District Sangli.

3.

There are in all 11 accused. The applicant is accused No.2. The applicant came to be arrested on 02/08/2021. Learned counsel for the applicant submits that the applicant 1/2

Darshan Patil 1.ba.14-23.doc has been falsely implicated. It is further stated that the applicant is not the assailant. The applicant has been in custody for more than 2 years with the possibility of trial concluding any time soon appears remote. Therefore, he may be enlarged on bail.

4.

I have gone through the statements of three eyewitnesses. There are three injured and three deceased persons. Eyewitnesses say that the applicant was the assailant. The assault by the applicant with a deadly weapon was on the vital part of the body of the deceased namely Sunny Atmaram Mohite, Arvind Baburao Sathe and Vikas Atmaram Mohite. Considering the gravity and brutality with which the offence is committed and the accusations made against the present applicant, I am not inclined to enlarge the applicant on bail.

5.

The application stands rejected.

(M. S. KARNIK, J.) 2/2 Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 05/09/2023 14:58:40