Amit Dhanaji Ingale And ANR v. The State Of Maharashtra

by SATISH RAMCHANDRA SANGAR Date:

2024.05.24 17:21:41 +0530 SATISH RAMCHANDRA SANGAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 528 OF 2024 1.

Amit Dhanaji Ingale Age : 27 Years, Occu. : Service 2.

Ganesh Vitthal Bhosale Age : 27 Years, Occu. : Service, Both R/o. : Karanwadi, Taluka and District : Satara.

...Applicants

Versus

The State of Maharashtra (Through A.P.I. Karad Taluka Police Station, Satara)

...Respondent

***** Mr.Rahul Dhaigude a/w Mr.Deepak Y. Jadhav:- Advocates for Applicants.

Mr.V.N.Sagare:- APP for Respondent - State.

***** CORAM : S. M. MODAK, J.

DATE : 9th MAY 2024 P. C. :- 1.

Heard learned Advocate Shri.Dhaigude for the Applicants and learned APP.

2.

Earlier Bail Application No.2708 of 2022 was withdrawn on 7th February 2023. Liberty was granted to apply again if the trial is not started within one (1) year.

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3.

In fact, the charges were framed on 21st October 2022. Copy of roznama is annexed. Further roznamas are also annexed. Yet not a single witness is examined. In view of this fact and in view of the allegations against them, I am inclined to grant them bail. It is for the reason that they are not known to the First-Informant because they are not named by him.

4.

The FIR was lodged by Navnath Ramchandra Pawar who is the brother of the deceased. He is not an eye-witness. On the basis of information supplied by the colleagues of the deceased, he lodged the FIR.

5.

In the statements of the witnesses also, they have not named these Applicants. Other two Accused have been named and there is a specific role assigned to them. The role assigned to these Applicants is of beating him with stick. It is not seized.

6.

The cloths are seized but there are no blood stains. Other material is of identification. There are three witnesses. They are Amar Popat Netke, Lakhan Balekhan Mullani and Dattatraya Vitthal Pawar. The witness Amar has identified both the Applicants, whereas, the witness Lakhan has not identified but Amar identified Accused Ganesh. Whereas, the witness Dattatraya has not at all identified any of 2/3

the Applicants.

7.

So, subject to conditions, bail can be granted. Hence, following order:-

O R D E R

(i) The Application is allowed.

(ii) The Applicants namely Applicant No.1 - Amit Dhanaji Ingale and Applicant No.2 - Ganesh Vitthal Bhosale arrested in connection with C.R. No. 443 of 2021 for the offences punishable under Sections 302, 341 read with 34 of IPC and under Section 4(25) of the Arms Act registered with Karad Taluka Police Station be released on bail on furnishing personal bond and surety bond of Rs.50,000/- (Rupees Fifty Thousand Only) each. (iii) They are directed not to enter the Karad Taluka till the conclusion of the trial.

(iv) They are further directed to provide their alternate residential address to the Police and to the Court. (v) The Applicants not to threaten the Prosecution witnesses or to allure them in any manner.

8.

In view of the above, Bail Application stands disposed of. 9.

Parties to act on an authenticated copy of this order. [S. M. MODAK, J.] 3/3