Sharad Vasant Shinde v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3440 OF 2024 Sharad Vasant Shinde ...Applicant
VERSUS
The State of Maharashtra ...Respondent ....
Mr. Aniket Vagal a/w Ms. Savvy Kolhekar a/w Mr. Kunal Pednekar, Advocate for the Applicant.
Mr. T.G. Khan, A.P.P. for the Respondent - State. Mr. P. S. Bhabhad, Saikheda Police Station, District Nashik, present. ....
CORAM
:
N. R. BORKAR, J.
DATE :
03rd JANUARY, 2025.
P.C.
:
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No.I-35 of 2023 registered at Saikheda Police Station, District Nashik for offences punishable under Sections 302, 201 read with Section 34 of Indian Penal Code.
3.
The present applicant and co-accused i.e. Aalim Latif Shaikh were working as agricultural labourers in the field owned by co-accused Sandip Sangamnere. The deceased was also working with them as agricultural labourer. According to the prosecution, on the date of alleged incident which took place on 07.02.2023, the present applicant and the co-accused Aalim Latif Shaikh assaulted by SAJAKALI LIYAKAT JAMADAR Date:
2025.01.03 18:42:39 +0530 SAJAKALI LIYAKAT JAMADAR
the deceased and committed his murder as he was allegedly abusing them under the influence of liquor.
4.
The case of the prosecution is based on circumstantial evidence. The only incriminating material against the present applicant is alleged extra judicial confession of co-accused Aalim Latif Shaikh to witness Rushikesh Sangamnere. The applicant is in jail for two years. The trial Court is still at the stage of framing of charge.
5.
Considering the overall facts and circumstances of the case, I am inclined to release the applicant on bail.
ORDER
(i) Criminal Bail Application is allowed;
(ii) The applicant is directed to be released on bail in connection with Crime No.I-35 of 2023 registered at Saikheda Police Station, District Nashik for offences punishable under Sections 302, 201 read with Section 34 of Indian Penal Code on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount; (iii) The applicant shall attend the concerned Police Station twice in a month on first and third Saturday of the month between 11:00 a.m. to 1:00 p.m. till conclusion 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 for cancellation of bail, if the applicant commits any other offence;
(vi) The applicant shall attend Trial Court regularly on the date of hearing of the case unless exempted by the Court for some reason;
(vii) Application stands disposed of accordingly.
(N. R. BORKAR, J.)