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Bombay High CourtBA/186/2019bail granted

Mahesh Jalindhar Mane v. The State Of Maharashtra

2019-02-01Hon'Ble Shri Justice Nitin W. Sambre3 pages

1 15) ba18619.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.186 OF 2019 Mahesh Jalindhar Mane ..Applicant.

V/s.

The State of Maharashtra ..Respondent.

Ms.Amruta D.Devkat for the applicant.

Mr.S.H.Yadav, APP for the respondent­State.

CORAM : NITIN W. SAMBRE, J.

DATE : FEBRUARY 1, 2019 P.C.:­ Heard learned counsel for the applicant and learned APP for the State.

2.

After his arrest on September 15, 2018 in crime No.94/2018 for offence punishable under sections 307, 326, 323, 504 and 506 read with 34 of the Indian Penal Code registered with Palus police station, District Sangli, the applicant came to be charge­ sheeted.

3.

There appears to be some dispute between the applicant and the complainant as it is alleged that the applicant and co­accused tried to destroy the boundaries of the property resulting into quarrel

2 15) ba18619.doc in which the applicant assaulted the victim with a spade. 4.

Considered the injuries suffered by the victim. The victim has suffered head injury caused by a spade used in the crime. It is not the case of the prosecution that the applicant acted in pre­ planned manner and was armed with a weapon so as to commit the offence in question.

5.

The investigation in the matter is complete and the charge­sheet is filed. There are no criminal antecedents against the applicant. In view thereof, the following order :­ i) The applicant be released on bail in Crime No.94/2018 for offence punishable under sections 307, 326, 323, 504 and 506 read with 34 of the Indian Penal Code registered with Palus police station, District Sangli, upon furnishing P.R. bond of Rs.25,000/­ with one or more sureties in the like amount; ii) The applicant shall not influence the prosecution witnesses or tamper with the evidence;

iii) The applicant shall remain outside the revenue jurisdiction of Sangli till the disposal of trial, but for attending the present trial;

iv) The application stands disposed of accordingly.

3 15) ba18619.doc (NITIN W. SAMBRE, J.)