This court allowed the bail application of the applicant, who was co-accused in a murder and conspiracy case. The court released the applicant on bail referencing the bail of another accused and lack of weapon recovery against him.
Applicant ordered to be released on bail in the sum of Rs. 30,000/- with one surety.
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[1]
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO 6613 OF 2005
IN
CRIMINAL APPEAL NO.876 OF 2003
Nitin Shrikant Shetye ..Applicant./
Appellant
Vs.
State of Maharashtra ..Respondent.
Mr. S.V. Marwadi for the applicant.
Mr. S.S. Pednekar, A.P.P. for the State
CORAM : SMT. RANJANA P. DESAI &
ANOOP V.MOHTA JJ.
DATE : 11TH OCTOBERE, 2005.
P.C.
. The applicant is original accused 2 in Sessions
Case No. 35/2003. The applicant along with others was
charged for the offences punishable under sections 120B
r/w Section 34 and Section 302 r/w Section 34 of Indian
Penal Code for having hatched conspiracy to kill Mahesh
Ramesh Redij, resident of Lanja and for having committed
his murder on 9/5/2005 at 3.00 p.m. near Phanas stop at
Lanja.
2. We have heard the learned Counsel, Mr. Marwadi
for the appellant, as well as the learned A.P.P., Mr.
[2]
Pednekar for the State. The learned Counsel for the
appellant drawn our attention to the order dated 29th
September, 2005, passed by this Court, whereby accused 1
has been released on bail. Admittedly the appellant has
been acquitted of the charge of conspiracy. The case of
the present applicant stands on a better footing than
that of accused 1. There is no recovery of any weapon
of assault at the instance of the present appellant. In
the circumstances, we think it is a fit case to release
him on bail. Hence, the following order.
. Applcant, Nitin Shrikant Shetye is ordered to be
released on bail in the sum of Rs. 30,000/- with one
surety on a condition that he shall report to the
concerned police station once in three months.
Application is disposed of.
(SMT. RANJANA P.DESAI, J)
[ANOOP V. MOHTA, J.]
1 issue framed by the court
Whether the applicant is a fit case for release on bail.
1 provisions across 1 enactments
Nitin Shrikant Shetye
State of Maharashtra
Ranjana P. Desai
Anoop V. Mohta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court