Rameshwar Nivrutti Mote v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2397 OF 2024 Rameshwar Nivrutti Mote ...
Applicant V/s.
The State of Maharashtra ...
Respondent ------------------- Mr. Ritesh Thobade with Changdev Shingade and Zubi Ansari, Ankita Rai, for the applicant.
Mr. S.M. Mangaonkar, APP, for the Respondent / State. --------------------
CORAM
:
ANIL S. KILOR, J.
Digitally signed by VARSHA DEEPAK GAIKWAD Date:
2024.12.06 10:59:37 +0530 VARSHA DEEPAK GAIKWAD DATE :
4TH DECEMBER, 2024.
PC:
1.
Heard.
2.
By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.480 of 2023, registered with Mohol Police Station, Dist: Solapur Gramin for the offences punishable under Sections 302, 307, 326 and 34 of the Indian Penal Code.
3.
Having gone through the charge-sheet and the relevant material collected by the IO during the investigation, it is evident that the applicant is not the author of any of the injury caused to the deceased. The deceased died after 2 months of the alleged incident. In
an initial statement of the informant recorded on 10.06.2023, no specific role was attributed to the applicant. Whereas, in a supplementary statement recorded on 11.06.2023 it has been stated that the applicant assaulted the informant. Whereas, the co-accused Gaihninat Mote and Vikram Mote assaulted the deceased. 4.
Considering the fact that the applicant is not the author of any of the injury caused to the deceased, moreover, the co-accused Gaihninat Mote and Vikram Mote have already been released on bail, I am of the opinion that further custody of the applicant is not necessary, in view of the fact that the charge-sheet has been filed. 5.
However, considering the fact that the applicant, informant and other witnesses are the residents of the same village, the learned APP strongly opposed the application on the ground that if the applicant is released on bail he may tamper with the prosecution evidence.
6.
Thereupon, the learned counsel for the applicant, on instructions, makes a statement that the applicant is ready to abide by any condition including not to enter into territorial jurisdiction of police station Mohol, Dist: Solapur, till the conclusion of the trial.. 7.
In the circumstances, I pass the following order:
ORDER
i) Criminal application is allowed;
ii) It is directed that the applicant be released on bail in connection with Crime No.480 of 2023, registered with Mohol Police Station, Dist: Solapur Gramin for the offences punishable under Sections 302, 307, 326 and 34 of the Indian Penal Code., on furnishing P.R.Bond of Rupees Twenty-Five Thousand with one solvent surety in the like amount;
iii) The applicant shall not enter into territorial jurisdiction of police Station Mohol, Dist: Solapur, till the conclusion of the trial;
iv) The applicant shall provide his address and name of the nearby police station to the IO, which he shall attend the said Police Station on 1st day of every month between 10.00a.m. to 11.00 a.m., till the conclusion of the trial except on the date of trial;
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence;
vi) Liberty is granted to the State to apply for cancellation of bail in case of any breach of condition or if the applicant commits similar offence;
vii) The applicant shall attend the trial before the trial Court regularly on every date unless exemption is granted
by the trial Court.
The application is disposed of.
(ANIL S. KILOR, J)