Jitendra Sanjay Patil Vs the State of Maharashtra and Another

C.R. No.0282 of 2022 dated 2^nd October 2022, registered with Taluka Police station, Jalgaon for the offences punishable under Section 302 of the Indian Penal Code (IPC).

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It was mentioned in the FIR that the Applicant doubted on character of his wife and he was frequently beating her. On 29^th

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September 2022, once he beaten her and she was treated in the Civil Hospital at Jalgaon. Informant got information on 1^st October 2022 that wife of the Applicant, Tabita was murdered by pressing her mouth and nose with a pillow and hanging herself with a mobile charging wire. The report was lodged and the Applicant was arrested.

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Learned Advocate for the Applicant submits that there application bearing Bail Application No.330 of 2023 was submitted, however, it was withdrawn, when this Court has expressed disinclination to grant bail, the application was withdrawn on the instructions and it was disposed of.

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Learned Advocate for the Applicant submits that the trial is not proceeding, even the Applicant is not produced before the Court. He had pointed out the daily sheet of the trial court. The said daily sheet of the trial court shows that Applicant is produced from the jail for many times. He, therefore, prayed to allow the application.

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Learned APP for the Respondent-State has opposed the application and submitted that Bail Application No.330 of 2023 was disposed of by this Court, as it was withdrawn on instructions. He submitted that there is no change in the circumstance to allow the Application. He submitted to reject the Application.

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Perused the charge-sheet, particularly, the report and statements of witnesses. The said report shows that the Applicant has no criminal antecedents. Earlier application was disposed of on the withdrawal of the application. However, when this Court expressed disinclination to allow the application, the Applicant has this application on the change in the circumstances that the trial is not proceeding further. Roznama also shows to support the arguments of learned Advocate for the Applicant that since 19^th January 2023 to 27^th May 2025, except the exception for three times, the Applicant/Accused has not produced before the Trial Court. Trial will take long period. Applicant has roots in the society.

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Considering all these reasons and change in the circumstance, application deserves to be allowed, on the following conditions.

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O R D E R

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(i). Bail application is allowed.

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(ii). The Applicant in connection with C.R. No.0282 of 2022 dated 2 nd October 2022, registered with Taluka Police station, Jalgaon for the offences punishable under Section 302 of IPC, be released on bail on furnishing personal bond of Rs.25,000/- with one

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surety of the like amount on following conditions:-

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(a). The Applicant shall not tamper with the prosecution evidence.

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(b). The Applicant shall not pressurize the witnesses, in any manner.

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(SANJAY A. DESHMUKH, J.)

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Tauseef

Jitendra Sanjay Patil v. the State of Maharashtra and Another

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Jitendra Sanjay Patil v. the State of Maharashtra and Another

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