Maruf @ Mehboob Hasmat Ali v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 781 OF 2025 Maruf @ Mehboob Hasmat Ali ...Applicant
Versus
The State of Maharashtra
...Respondent
....
Mr. Ganesh Gupta a/w Mr. Sahil Ghorpade, Mr. Janmesh Suravkar, Mr. Madan Khansole, Mr. Surya P. Gupta, Ms. Priyanka Rathod, Mr. Jagrut Patil, Mr. Shreyash Nanaware i/by G.G. Legal Associates, Advocates for the Applicant.
Mr. Vinod Chate, A.P.P. for the Respondent - State. ....
CORAM
:
N. R. BORKAR, J.
DATE :
20th MARCH, 2025 P.C.
:
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No. 232 of 2024 registered at Khalapur Police Station, District : Raigad, for the offences punishable under Section 302 r/w Section 34 of Indian Penal Code.
3.
The applicant is an accused No.2 in the aforesaid crime. It is the case of the prosecution that there was business rivalry between the accused No.1 and the deceased. It is Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:
2025.05.07 18:10:19 +0530 alleged that due to the said business rivalry, accused No.1 in SAJAKALI LIYAKAT JAMADAR
connivance with present applicant, who is his friend, on the date of incident which took place on 11.05.2024 committed the murder of the deceased by strangulating him. 4.
I have heard the learned counsel for the applicant and learned A.P.P. for the Respondent-State.
5.
The learned counsel for the applicant submits that the applicant has nothing to do with the alleged crime. It is submitted that the case is based on circumstantial evidence and the applicant came to be roped in just because he is the friend of accused No.1.
6.
On the other hand, the learned A.P.P. for the Respondent-State submits that on the date of incident, applicant and accused No.1 were seen together. It is submitted that considering the nature of offence, the applicant may not be released on bail.
7.
Admittedly, the case is based on circumstantial evidence. The motive for alleged crime is attributed to the accused No.1. There are no other criminal antecedents. In that view of the matter, 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. 232 of 2024 registered at Khalapur Police Station, District : Raigad, for the offences punishable under Section 302 r/w 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 not enter into the limits of Khalapur Taluka till conclusion of trial except to attend the dates before the trial Court.
(iv) Application stands disposed of accordingly.
(N. R. BORKAR, J.)