Babasaheb Tejrao Sawant v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2514 OF 2024 Babasaheb Tejrao Sawant ...

Applicant V/s.

The State of Maharashtra ...

Respondent ------------------- Mr. Jaymangal Dhanraj, appointed, for the applicant. Ms. Geeta Mulekar, APP, for the Respondent/State. Mr. Shinde, Shirur Police Station, Present.

--------------------- Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2024.08.19 14:19:48 +0530

CORAM

:

ANIL S. KILOR, J.

VARSHA DEEPAK GAIKWAD DATE :

14TH AUGUST, 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.7 of 2022, registered with Shirur Police Station, Pune for the offences punishable under Section 302 of the Indian Penal Code.

3.

The whole case is based on circumstantial evidence and there is no direct evidence to connect the applicant in the alleged offence. The applicant is the husband of the deceased and some of the witnesses have stated in their statements that since the deceased had extra marital relations, the applicant committed the murder of the deceased.

However, in absence of any direct evidence of circumstantial evidence except the alleged motive, to connect the applicant in the alleged offence and further, considering the fact that the applicant is in jail from last 2 and 1⁄2 years and the charge-sheet has been filed, the applicant is entitled for grant of bail. Accordingly, I pass the following order:

ORDER

(i) Criminal Bail Application is allowed and disposed off; (ii) It is directed that the applicant shall be released on bail in Crime No.7 of 2022, registered with Shirur Police Station, Pune for the offences punishable under Section 302 of the Indian Penal Code, on furnishing P.R.Bond of Rupees Fifty Thousand with one solvent surety in the like amount; iii) The shall attend the said Police Station on 1st and 16th day of every month between 10.00 a.m. to 11.00 a.m., till the conclusion of the trial except on the date of trial; iv) 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;

v) Liberty is granted to the State to apply for cancellation of bail in case of any breach of condition if the applicant commenced similar offence;

vi) The applicant shall attend the trial before the trial

Court regularly on every date unless exemption is granted by the trial Court.

(ANIL S. KILOR, J)