Kamblya @ Kamlakar Sathya Bhosale v. The State Of Maharashtra

19-BA-2297-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2297 OF 2024 Kamblya @ Kamlakar Sathya Bhosale ...Applicant

VERSUS

The State of Maharashtra

...Respondent

....

Mr. Tapan Thatte a/w Mr. Vivek Arote a/w Mr. Akshay Dingale a/w Ms. Sangita Ramagond , Advocate for the Applicant. Ms. R. D. Humane, A.P.P. for the Respondent - State. ....

CORAM

:

N. R. BORKAR, J.

DATE :

6th JANUARY, 2025.

P.C.

:

1.

This is an application for bail.

2.

The applicant came to be arrested in Crime No. 411 of 2022 registered at Vadgaon Nimbalkar Police Station, Pune Rural for the offences punishable under Sections 302 and 201 r/w 34 of the Indian Penal Code.

3.

The present applicant is accused No. 1 in the aforesaid crime. The accused No.2 in the present crime, who is the son-in-law of the present applicant, wanted to marry another daughter of the applicant, who was already married to grand son of the first informant.

4.

The deceased was the son of the first informant. It is alleged that as the first informant and the deceased were against the said Pramod Lakare

19-BA-2297-2024.doc proposal and thus on the date of incident which took place on 25.11.2022, the applicant and accused No. 2 assaulted the deceased and committed his murder.

5.

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

6.

Admittedly, the case is based on circumstantial evidence. The alleged motive is not attributed to the present applicant. The only incriminating evidence against the present applicant is that the deceased was lastly seen alive in the company of the present applicant and accused No. 2. Considering the overall 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] The Application is allowed.

B] The applicant be released on bail in C.R.

No. 411 of 2022 registered at Vadgaon Nimbalkar Police Station, Pune Rural for the offences punishable under Sections 302 and 201 r/w 34 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.

C] The applicant shall attend the concerned police station once in a month, i.e., on first Saturday between 11:00 am to 2:00 pm, till conclusion of the trial.

(N. R. BORKAR, J.) Pramod Lakare