1-Ba-2714-23.doc
Digitally
signed by
DINESH
DINESH SADANAND
SADANAND SHERLA
SHERLA Date:
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
2024.04.01
17:47:40
+0500
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2714 OF 2023
Rupesh N. Batavale ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Gaurav Parkar for the Applicant.
Ms S. E. Phad, APP for the Respondent/State.
API Ganesh Karad, Tala Police Station present.
CORAM : N. R. BORKAR, J.
DATE : 30 MARCH 2024.
PC:-
1. This is an application under Section 439 of Code of
Criminal Procedure for bail.
2. The applicant came to be arrested in Crime No.48 of 2022
registered at Tala Police Station, Raigad for the ofences
punishable under Sections 302, 326, 341, 323, 504, 506 and
427 read with 34 of the Indian Penal Code (IPC).
3. It is the case of prosecution that on the date of incident
which took place on 23.05.2022, the present applicant and
other co-accused assaulted the deceased by stone and iron-
pipe and committed his murder, on account of previous
dispute.
4. I have heard the learned counsel for the applicant and the
learned APP for the respondent – State.
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1-Ba-2714-23.doc
5. According to the frst informant Moreshwar Dhadwe, who
was with the deceased at the time of alleged incident, there
were only two assailants, i.e., the present applicant and co-
accused Ganesh Batavale. However, according to the dying
declaration of the deceased there were four assailants. After
investigation, the prosecution exonerated two assailants. It
appears that after the alleged incident, the deceased was
initially taken to Primary Health Center (PHC), Tala and
thereafter to Sub. District Hospital, Mangaon. The prosecution
along with charge-sheet has fled the injury certifcates issued
by P.H.C. Tala and Sub. District Hospital, Mangaon. Perusal of
injury Certifcate issued by P.H.C. Tala reveals only three
injuries. Similarly, perusal of the injury certifcate issued by
Sub.District Hospital, Mangaon reveals four injures. However,
during the Post-Mortem examination, multiple injuries were
found on the person of deceased.
6. Considering the overall facts and circumstances, I am
inclined to release the applicant on bail. In the result, following
order is passed:
O R D E R
A] The Application is allowed.
B] The applicant be released on bail in Crime No.48 of
2022 registered at Tala Police Station, Raigad for the
ofences punishable under Sections 302, 323, 341, 325,
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1-Ba-2714-23.doc
504, 506 and 427 read with 34 of IPC 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.
C] The applicant shall attend the concerned police
station once in a month, i.e., on Saturday between 11.00
a.m. to 2.00 p.m. till conclusion of the trial.
(N.R. BORKAR, J.)
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Dinesh S. Sherla