Allowed

Sanjay Bhupal Bansode v. State of Maharashtra

Bombay HC20 Jan 2024BA/3861/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed under Section 439 CrPC. Considering the arrest was for murder, the incident was not premeditated, and the trial had not commenced after over two years of detention, the applicant was released on furnishing a bond with sureties.

What did the court decide?

The applicant released on bail in Crime No. 301 of 2021 by furnishing a PR bond of Rs. 25,000 with one or two sureties in the same amount.

Sanjay Bhupal Bansode Vs State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2024)

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15-BA-3861-23.odt

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Digitally signed by MANGALTAI MANGALTAI JAYWANT JAYWANT JADHAV JADHAV Date: 2024.01.24 19:22:23 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO. 3861 OF 2023

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… Sanjay Bhupal Bansode Applicant Versus The State of Maharashtra … Respondent

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Mr. Kuldeep Nikam a/w Om Latpate for the Applicant. Ms. M. M. Deshmukh, APP for the State. Mr. Sushant Patil, API, Sangli Rural Police Station.

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CORAM : N.R. BORKAR, J. DATED : 20 JANUARY 2024

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P.C. :-

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This is an application filed under Section 439 of the Code of Criminal Procedure, 1973 for bail.

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The applicant came to be arrested in Crime No. 301 of 2021 registered at Sangli Rural Police Station for the offences punishable under Section 302 r/w 34 of the Indian Penal Code.

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According to the prosecution, on the date of incident, which took place on 7 November 2021, present applicant, deceased and coaccused were consuming liquor at the house of the deceased. It is

MJ Jadhav

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15-BA-3861-23.odt

alleged that altercation took place between the applicant, co-accused on one side and the deceased on the other side on some petty issue and during the said altercation, present applicant and co-accused assaulted the deceased by sharp weapon so also by stick and committed his murder.

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The case is based on circumstantial evidence. Even otherwise, incident does not appear to be premeditated. The applicant is in jail for more than two years and the trial has not yet commenced. Considering the overall facts and circumstances, I am inclined to release the applicant on bail. Hence, the following order is passed:

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(i) Application is allowed.

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(ii) The applicant shall be released on bail in Crime No. 301 of 2021 registered at Sangli Rural Police Station for the offences punishable under Section 302 r/w 34 of the Indian Penal Code on furnishing PR bond in the sum of Rs. 25,000/- with one or two sureties in the like amount.

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( N.R. BORKAR, J. )

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MJ Jadhav

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Sanjay Bhupal Bansode v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Sanjay Bhupal Bansode v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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