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Bombay High CourtBA/423/2025allowed

Ganesh S/O Uttamrao Mungal v. State Of Maharashtra

2025-03-07Hon'Ble Shri Justice N. R. Borkar2 pages

2-BA-423-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 423 OF 2025 Ganesh S/o Uttamrao Mungal ...Applicant

Versus

The State of Maharashtra

...Respondent

....

Mr. Gajanan S. Shembole, Advocate for the Applicant. Ms. Anamika Malhotra, A.P.P. for the Respondent - State. ....

CORAM

:

N. R. BORKAR, J.

DATE :

07th MARCH, 2025.

P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No.389 of 2022 registered at Atpadi Police Station, District : Sangali for the offence punishable under Section 302 of the Indian Penal Code (for short 'IPC').

3.

According to the prosecution, on the date of incident which took place on 20.11.2022, on some trivial issue, altercation took place between the applicant and the deceased, who were drivers on the truck bearing registration No.MH-28BE-4476 and during the said altercation, the applicant is alleged to have assaulted the deceased by tommy and Zeenat Pathan

2-BA-423-2025.doc committed his murder.

4.

I have heard the learned counsel for the applicant and learned A.P.P. for the Respondent-State, and perused the charge-sheet.

5.

Prima facie, the incident does not appear to be premeditated. The applicant is in jail for more than two years and trial has not commenced. Considering the overall facts and circumstances, 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.389 of 2022 registered at Atpadi Police Station, District : Sangali for the offence punishable under Section 302 of the Indian Penal Code (for short 'IPC') 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 once in a month i.e. on first Saturday between 11.00 a.m. to 1.00 p.m. till conlusion of trial; (iv) Application stands disposed of accordingly.

(N. R. BORKAR, J.) Zeenat Pathan