Magan Kishan Tupe v. State Of Maharashtra

42.BA.1943.24.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1943 OF 2024 Magan Kishan Tupe .. Applicant

Versus

The State of Maharashtra .. Respondent ....................

 Mr. Amit Icham, Advocate for Applicant.

 Mr. Balraj B. Kulkarni, APP for Respondent - State. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : APRIL 03, 2025.

P.C.:

1.

Heard Mr. Icham, learned Advocate for Applicant and Mr. Kulkarni, learned APP for Respondent - State. 2.

In the present case, Applicant is a young offender who at the age of 19 years is indicted in the present offence. There are total 5 Accused persons out of which two are juvenile who have been enlarged on bail by the Juvenile Court.

3.

Case of the prosecution is that on the intervening night of 21.01.2022 and 22.01.2022, 5 other Accused persons committed a theft and while doing so confronted the First Informant - victim whom they assaulted grievously.

4.

Learned Advocate for Applicant would submit that no specific role has been attributed to the present Applicant though it is

42.BA.1943.24.doc case of prosecution that he is the one who assaulted the victim with a belt. He would submit that victim has received a simple injury, but later on he succumbed to his injury after 5 days in the hospital while taking treatment.

5.

Considering the long incarceration of the Applicant since 22.01.2022, Mr. Kulkarni, learned APP is directed to take appropriate instructions from the concerned Investigating Officer on the precise role of the Applicant in the crime and accordingly apprise the Court on the next adjourned date on the veracity of the aforementioned submissions made by the learned Advocate Applicant. 6.

List the Bail Application on Board on 29th April, 2025. To be placed on the 'Supplementary Board'.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2025.04.04 14:29:24 +0530 AJAY TRAMBAK UGALMUGALE