Nigappa Shankar Koli And ANR v. The State Of Maharashtra

25-BA-3961-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3961 OF 2021 Nigappa Shankar Koli and another ...

Applicants

Versus

The State of Maharashtra ...

Respondent .........

Mr. Ritesh Thobde alongwith Mr. Sagar Tambe and Mr. Changdev Shingade for the Applicants.

Mr. V.B. Konde-Deshmukh, APP for the State.

Mr. Pravin Bapu Walake, Akkalkot North Police Station, present. .........

CORAM : N.R. BORKAR, J.

DATED : 11 NOVEMBER 2022 P.C. :- .

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

2.

The applicants came to be arrested in Crime No. 275 of 2021 registered at Akkalkot North Police Station, Solapur for the offence punishable under Sections 302, 326, 324, 323, 504, 506, 427, 143, 147, 148, 149 of Indian Penal Code and Sections 4, 25 of the Indian Arms Act. 3.

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

Kanchan P Dhuri 1 / 2

25-BA-3961-2021.odt 4.

According to the prosecution, on 12th June 2021 at about 5.30 p.m., the present applicant alongwith the other co-accused assaulted the deceased and other injured witnesses by axe, sword and stones, on account of previous dispute.

5.

I have perused the statement of the eye-witnesses. According to the eye-witness - Siddharam Hanmant Patil, the present applicants assaulted the deceased by fist and kick blows. The alleged head injury which caused the death of the deceased is not attributed to the present applicants. Considering these facts, I am inclined to release the applicants on bail. Hence, the following order is passed : (i) Application is allowed.

(ii) The applicants - (i) Nigappa Shankar Koli and (ii) Balbhim Shankar Koli, be released on bail in Crime No. 275 of 2021 registered at Akkalkot North Police Station, Solapur for the offence punishable under Sections 302, 326, 324, 323, 504, 506, 427, 143, 147, 148, 149 of Indian Penal Code and Sections 4, 25 of the Indian Arms Act on furnishing P.R. Bond in the sum of Rs.25,000/- each with one or two sureties in the like amount.

( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date:

2022.11.11 18:47:29 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2