Deepak Jaykumar Narhale vs State of Maharashtra

The applicant came to be arrested in Crime No.187 of 2022 registered at Bibvewadi Police Stationfor the offences punishable under Sections 302, 364, 328, 120-B and 201 read with 34 of the Indian Penal Code.

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The present applicant is accused No.1 in the aforesaid crime. It is the case of the prosecution that the deceased was Vastu Shastra Consultant. He used to hire the car of the present applicant to go to various places for his work. It is alleged that the deceased used to wear lot of gold ornaments on his person and

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Dinesh S. Sherla

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161-ba-738-26.doc

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thus the present applicant entered into conspiracy with the other co-accused to rob the deceased. It is alleged that, on the date of incident, which took place on 16.10.2022, the present applicant and the other co-accused thus with a view to rob the deceased, committed his murder by strangulating him.

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I have heard the learned counsel for the applicant and the learned APP for the respondent – State.

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Learned counsel for the applicant submits that the case is based on circumstantial evidence. It is submitted that the applicant is in jail for about 3 and ½ years and the trial has not yet commenced. It is further submitted that there are no other criminal antecedents against the applicant.

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On the other hand, learned APP for the respondent/State submits that there is enough incriminating material against the present applicant. It is submitted that the motive for alleged crime is attributed to the present applicant. It is submitted that considering the nature of crime, the present applicant may not be released on bail.

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The case is based on circumstantial evidence. The fact that the applicant is in jail for about 3 and ½ years is not disputed. There are no other criminal antecedents against him. Considering the overall facts and circumstances, I am inclined to release the applicant on bail. In the result, the following order is passed.

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Dinesh S. Sherla

161-ba-738-26.doc

O R D E R

A] Bail Application is allowed.

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B] The applicant be released on bail in C.R. No. 187 of 2022 registered at Bibvewadi Police Station for the offences punishable under Sections 302, 364, 328, 120-B and 201 read with 34 of the Indian Penal Code on furnishing P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

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C] The applicant shall attend the concerned police station once in a month, i.e., on first Saturday between 11.00 am to 2.00 pm till conclusion of trial.

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[N.R.BORKAR, J.]

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Dinesh S. Sherla

Deepak Jaykumar Narhale v. State of Maharashtra

Case brief

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Deepak Jaykumar Narhale v. State of Maharashtra

Case brief

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