Rakesh Nana Ghumare v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3787 OF 2024 Rakesh N. Ghumare ...Applicant V/s.

State of Maharashtra

...Respondent.

..............

Mr. Pratik Kalantri a/w. Mr. Piyush Toshnival for the Applicant. Mr.C.D. Mali, APP for the Respondent/State.

API Suyog Waykar, Upnagar Police Station present. ..............

CORAM

:

N.R. BORKAR, J.

DATE :

10.02.2025.

P.C. :

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No.347 of 2020 registered at Upnagar Police Station, Nashik for the offences punishable under Sections 302 and 120-B read with 34 of the Indian Penal Code and Section 135 of the Maharashtra Police Act. 3.

The applicant is accused No.3 in the aforesaid crime. According to the prosecution accused No.1 in the present crime namely Ajay Jadhav was annoyed with the deceased as he was stalking his sister. It is alleged that on the date of incident, which took place on 27.06.2020, he thus alongwith the present applicant and accused No.2 assaulted the deceased by sharp weapon and committed his murder.

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4.

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

5.

The bail is sought on the ground of parity. In support of submission, learned counsel for the applicant has placed on record the copy of order passed by this Court dated 27.02.2024 in Bail Application No. 3882 of 2023. By the said order, this Court has released the co-accused Ajay Jadhav. The learned APP submits that the trial has already commenced and at this stage the applicant may not be released on bail.

6.

The applicant is in jail for more than 4 and 1⁄2 years. This Court has already released the main accused on bail. In that view of the matter, I am inclined to release the present applicant on bail. In the result, the following order is passed.

O R D E R

A] Bail Application is allowed.

B] The applicant be released on bail in C.R. No.347 of 2020 registered at Upnagar Police Station, Nashik for the offences punishable under Sections 302 and 120-B read with 34 of the Indian Penal Code and Section 135 of the Maharashtra Police Act 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.

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C] The applicant shall attend the concerned police station once in a month ,i.e., on first Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of the trial.

[N.R.BORKAR, J.] 3/3