Partly allowed

Patting Kisanrao Gadadhe v. the State of Maharashtra

Bombay HC13 Apr 2016APPLN/1580/2016

Case brief

AI extract

What is this about?

This brief order grants bail to an applicant accused of murder and intimidation under the Indian Penal Code. The court found that the trial would take its own time and approved release upon execution of a bond and furnishing surety with specific reporting conditions.

What did the court decide?

Application allowed; applicant released on bail upon executing P.R. bond and furnishing surety of Rs. 15,000/- each with reporting conditions.

Patting Kisanrao Gadadhe Vs the State of… — Murder and Culpable Homicide | Bombay HC (2016)

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1 Cri. Appln. 1580-2016

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 1580 OF 2016

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Patting Kisanrao Gadadhe
Age : 40 years, Occu.: Agri.,
R/o : Kherda, Tq. & Dist. Hingoli

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.. Applicant

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Vs.

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The State of Maharashtra

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 .. Respondent

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.....

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Mr. Vijay Sharma, Advocate for the applicant
Mr. M.B. Bharaswadkar, APP for the respondent-State

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......

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CORAM : M.T. JOSHI, J.
 DATED : 13/04/2016

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ORAL ORDER:

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Heard both sides.

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2.The present applicant, who is arrested by

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Hingoli (Rural) Police Station, Dist. Hingoli in Crime
no.49 of 2015 for the offences punishable under section
302, 506 r/w. 34 of the Indian Penal Code, out of
which, now Sessions Case No. 25 of 2015 is pending on
the file of learned Additional Sessions Judge, Hingoli,

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is praying for his release on bail.

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2 Cri. Appln. 1580-2016

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3.Upon hearing both sides, it is clear that the

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case is based on circumstantial evidence. While the
dead body of the deceased was found on 29/04/2015, his
wife lodged the complaint on 03/05/2015, that, on the
date of conducting the post-mortem examination i.e. on
30/4/2015, the present applicant alongwith his two
brothers had threatened her not to disclose their
previous enmity with the deceased. According to her,
the sister-in-law of the brothers of the present
applicant had certain illicit relations with the
deceased and over the same, all the brothers including
the present applicant used to threaten the deceased of
commission of his murder. About 15 days prior to the
death, similar threats were given and, therefore, the
complaint came to be filed.

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4.Besides this material, statement of the annual
contract labour of the deceased, namely, Vitthal Gulve
would show that on the date of the incident, the co-
accused - Bhimrao had visited the field of the deceased

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3 Cri. Appln. 1580-2016

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and at that time, he angrily asked the said witness, as
to where the deceased had gone. When the witness told
that the deceased had gone to his another field, said
co-accused went towards the said field.

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5.Learned counsel for the applicant submits that
the applicant was arrested on 11/05/2015 and the trial
would take its own time, hence, the applicant be
released on bail.

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6. Learned A.P.P. opposed the application.

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7.Considering all the material on record and

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finding that the trial may take its own time, in my
view, the applicant can be released on bail, on the
following conditions.

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8. Hence, the following order:-

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I)The Application is allowed.

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II)The applicant be released on bail in Crime no.

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49 of 2015 registered with Hingoli (Rural) Police
Station, Dist. Hingoli for the offences punishable

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4 Cri. Appln. 1580-2016

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under section 302, 506 r/w. 34 of the Indian Penal
Code, upon his executing P.R. bond in the sum of
Rs.15,000/- (Rs. Fifteen Thousand) and also upon
furnishing surety in the like amount.

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III)The applicant shall attend the concerned
Police Station on every 4th Monday of each month for a
period of four (4) months, from the date of his release
on bail.

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9.Application stands disposed of accordingly.

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arp/-

Patting Kisanrao Gadadhe v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Patting Kisanrao Gadadhe v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Parties & counsel

Coram

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