Uttam Ramchandra Kambale v. The State Of Maharashtra

1 4) ba235-19.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.235 OF 2019 Sanjay Maruti Kamble ..Applicant.

V/s.

The State of Maharashtra ..Respondent.

CRIMINAL BAIL APPLICATION NO.2773 OF 2018 WITH CRIMINAL APPLICATION NO.1362 OF 2018 Uttam Ramchandra Kamble ..Applicant.

V/s.

The State of Maharashtra ..Respondent.

AND Nagesh Subhash Shejale ..Intervenor.

Mr.Satyavrat Joshi for the applicant in both applications. Smt.J.S.Lohokare, APP for the respondent­State. Mr.Kedar J.Patil for the intervenor.

CORAM : NITIN W. SAMBRE, J.

DATE : FEBRUARY 26, 2019 P.C.:­ Heard learned counsel for the applicants, intervenor and learned APP for the State.

2.

In crime No.37/2018 for offence punishable under

2 4) ba235-19.doc sections 302, 307, 324, 143, 144, 147, 148, 149, 504 and 506 read 34 of the Indian Penal Code, the applicants are seeking regular bail.

3.

Applicant Sanjay was arrested on February 27, 2018, whereas applicant Uttam was arrested on February 26, 2018. 4.

Apart from antecedents, the victim in categorical terms, so also the eye witnesses have named both the applicants with active participation in the commission of crime in question. 5.

The submission of learned counsel for the applicants is, the offence occurred due to provocation of deceased Ganesh which has resulted into registration of crime No.37/2018 seems to have hardly any assistance, particularly since deceased Ganesh and the victim namely, Ramesh has suffered multiple stab wounds. 6.

That being so, no case for bail is made out. Both the applications are rejected.

7.

In view of the disposal of the main applications, the criminal application also stands disposed of. 8.

The observations made hereinabove are confined to the decision on the bail applications.

(NITIN W. SAMBRE, J.)