Rahul Rabhaji Mohite v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4155 OF 2024 Rahul Rabhaji Mohite ...Applicant

Versus

The State of Maharashtra

...Respondent

....

Mr. Balwant Salunkhe, Advocate for the Applicant. Mrs. R. D. Humane, A.P.P. for the Respondent - State. Mr. S. K. Chavan (P.S.I) Shirur Police Station, Pune (Rural), present. ....

CORAM

:

N. R. BORKAR, J.

DATE :

23rd JANUARY, 2025.

P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No.30 of 2024 registered at Shirur Police Station, District:Pune for the offences punishable under Sections 302, 307, 504 & 506 read with Section 34 of Indian Penal Code.

3.

According to the prosecution, on the date of incident which took place on 12.01.2024, the present applicant and other co-accused assaulted the deceased by Spade etc. and committed his murder on account of previous dispute.

4.

I have heard the learned counsel for the applicant, learned A.P.P. for the Respondent-State , and perused the statement of eye-witnesses.

5.

The eye-witnesses Nilesh Balasaheb Jasud and Nitin Jasud have not attributed any overt act to the present applicant in the incident in question. According to them, the co-accused Santosh Mohite assaulted the deceased by Spade. 6.

The learned A.P.P. submits that the son of the deceased has attributed specific overt act to the present applicant. However, as independent witnesses have not attributed any over act to the present applicant and therefore, I am inclined to release the applicant on bail. Hence, I pass the following order:

ORDER

(i) Criminal Bail Application is allowed;

(ii) The applicant is directed to be released on bail in connection with Crime No.30 of 2024 registered at Shirur Police Station, District:Pune for the offences punishable under Sections 302, 307, 504 & 506 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 between 11:00 a.m. to 1:00 p.m. till conclusion of trial; (iv) Application stands disposed of accordingly.

(N. R. BORKAR, J.)