Kishor Bhagwan Aayre v. State Of Maharashtra

38-BA-633-2022.odt Digitally signed by KANCHAN PRASHANT DHURI Date:

2023.03.25 14:20:25 +0530 KANCHAN PRASHANT DHURI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 633 OF 2022 Kishor Bhagwan Aayre ...

Applicant

Versus

State of Maharashtra ...

Respondent .........

Mr. Prasanna Bhangale for the Applicant.

Mr. P.H. Gaikwad Patil, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 24 JANUARY 2023 P.C. :- .

This is an application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail.

2.

The applicant came to be arrested in Crime No. 265 of 2020 registered at Juna Rajwada Police Station, Kolhapur for the offences punishable under Sections 302, 120-B, 201 r/w. 34 of Indian Penal Code. 3.

I have heard the learned Counsel for the applicant and the learned APP for the State.

4.

According to the prosecution, the applicant had suspicion that his wife had illicit relations with the deceased. It is alleged that the Kanchan P Dhuri 1 / 2

38-BA-633-2022.odt applicant had therefore, hatched the conspiracy with other co-accused and committed the murder of the deceased.

5.

The case is based on circumstantial evidence. The applicant is in jail for more than 2 & 1⁄2 years. The trial is not likely to be concluded in near future. Considering the overall facts and circumstances of the case, I am inclined to release the applicant on bail. Hence, the following order is passed :

(i) Application is allowed.

(ii) The applicant - Kishor Bhagwan Aayre be released on bail in Crime No. 265 of 2020 registered at Juna Rajwada Police Station, Kolhapur for the offences punishable under Sections 302, 120-B, 201 r/w. 34 of Indian Penal Code on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount. ( N.R. BORKAR, J. ) Kanchan P Dhuri 2 / 2