Allowed

Manohar Mahadeo Shinde v. the State of Mah

Bombay HC21 Nov 2012APPLN/2307/2012

Case brief

AI extract

What is this about?

In this criminal appeal regarding bail, the High Court granted release to the applicant convicted under section 307 IPC. The court allowed bail subject to executing a personal bond and furnishing surety, relaxing the territorial jurisdiction condition depending on a separate application.

What did the court decide?

Released on bail upon execution of PR bond of Rs. 20,000 and Furnishing surety in the like sum.

Manohar Mahadeo Shinde Vs the State of Mah — Murder and Culpable Homicide | Bombay HC (2012)

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(1) Cri. Appln. 2307-2012

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO.2307 OF 2012 IN

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CRIMINAL APPEAL NO.593 OF 2011

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Manohar S/o Mahadeo Shinde

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 Applicant

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Versus

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The State of Maharashtra and anr. Respondents

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Mr. B.R. Sontakke Patil, Advocate for the Applicant.
Mr. G.R. Ingole, A.P.P. for the Respondent-State.
Mr. R.P. Bhumkar, Advocate for respondent no.2.

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CORAM : M. T. JOSHI, J. DATED : 21^ST NOVEMBER, 2012

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ORAL ORDER:

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1. Heard both sides.

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2.The present applicant who is convicted for the
offence punishable under section 307 of the Indian Penal
Code by the learned Sessions Judge, is praying for his
release on bail.

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3.The judgment of the learned Sessions Judge shows
that sofar as one another accused Jeeven is concerned, he

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was sentenced to suffer R.I. for two years while the
present applicant was sentenced to suffer R.I. for seven
years for the same offence. The reasons however are
forwarded by the learned Sessions Judge which would show
that according to the Sessions Judge, it was proved beyond
reasonable doubt that the present applicant has used

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(2) Cri. Appln. 2307-2012

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dangerous weapon causing grievous hurt to Nandabai and
Vishal.

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4.Learned counsel for the applicant submits that
Jeevan is already released on bail while the present
applicant could not be released on bail since he was
unable to deposit the fine amount. In the circumstances,
his earlier criminal application no.4671 of 2011 was
dismissed by another learned Single Judge of this Court
solely for the non-deposit of the fine amount. Now 50%
fine amount, as was directed to be deposited, is deposited
and therefore it was submitted that he may also be
released on bail. Learned counsel for the applicant
further submits that during the trial the applicant was on
bail and there are no allegations that he has any way mis-
used the liberty granted to him.

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5.Learned counsel for the complainant submits that
Nandabai (victim) has died after 14 months of the injury,
however, unfortunately that could not be brought on
record. He submits that there is deep animosity and there
are complaints wherein one of the accused in the present
case is alleged to have threatened the complainant's side
of dire consequences.

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6.Considering all these facts on record, in my
view, the present applicant can be released on bail as he

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(3) Cri. Appln. 2307-2012

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was released on bail during the trial, on certain

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conditions.

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7.The applicant be released on bail upon his
execution of PR bond in the sum of Rs.20,000/- and also
upon furnishing surety in the like sum. The applicant
shall not enter the territorial jurisdiction of Osmanabad
District till the conclusion of the present Appeal or in

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the facts and circumstances of the case, the condition is
relaxed in a separate application for relaxation of the
present condition, which would be decided on its own
merit.

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8.Application disposed of accordingly.

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Sd/-

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 [M. T. JOSHI, J.]

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arp/

Manohar Mahadeo Shinde v. the State of Mah

Case brief

What is this about?

What did the court decide?

Manohar Mahadeo Shinde v. the State of Mah

Case brief

What is this about?

What did the court decide?

What the court decided

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