Siddappa Laxman Gadade v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4373 OF 2021 Siddappa L. Gadade ...Applicant V/s.

The State of Maharashtra

...Respondent.

Mr. Satyavrat Joshi a/w. Ms Shivani Kondekar i/b Mr. Samay S. Pawar for the Applicant.

Mr. A.R. Kapadnis, APP for the Respondent/ State.

CORAM

:

N.R. BORKAR, J.

DATE :

24.11.2022.

P.C. :

1.

This is an application under Section 439 of Code of Criminal Procedure for bail.

2.

The applicant came to be arrested in C.R. No. 41 of 2021 registered at Jath police station, Sangli for the ofences punishable under Sections 302, 201, 120-B, 341 and 404 of the Indian Penal Code.

3.

The applicant is accused No. 1 in the aforesaid crime. It is the case of the prosecution that an amount of Rs.50,000/- was borrowed by the present applicant from the deceased. The said amount was given on certain conditions. According to the prosecution as the present applicant was not complying the said condition, the deceased was asking the applicant to return the said amount of Rs. 50,000/- According to the prosecution thus there was a dispute between the applicant and the deceased. It is further alleged that the deceased had asked the wife of present Dinesh S. Sherla 1/2

2/2 911-ba-4373-21.doc applicant to have physical relation with his cousin namely Dr. Sagar Barle. It is alleged that the present applicant was thus annoyed with the deceased and with the help of co-accused committed the murder of the deceased.

4.

I have heard the learned counsel for the applicant and the learned APP for the respondent - State.

5.

Admittedly, the case is based on circumstantial evidence. The investigation is over. The possibility of conclusion of trial within short period appears to be remote. Considering the facts and circumstances of the case, I am inclined to release the applicant on bail. In the result, the following order is passed.

O R D E R

A] Bail Application is allowed.

B] The applicant be released on bail in C.R. No. 41 of 2021 registered at Jath police station, Sangli for the ofences punishable under Sections 302, 201, 120-B, 341 and 404 of the Indian Penal Code on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2