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2025 Supreme(Bom) 372

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N. JADHAV, J.
Nitin Anandrao Avaghade – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
Advocate Appeared:
Mr. Amrish Salunke a/w Ms. Shraddha Shinde, Mr. Abhiram
Venugopal, Mr. Durgesh Pandey & Ms. Tanvi Gaikwad for Applicant
Mr. Hitendra J. Dedhia, APP for State
Mr. Ranjit Walake, PSI, Ulhasnagar Police Station

JUDGMENT :

P. C . :

1. Heard Mr. Salunke, learned Advocate for Applicant and Mr.Dedhia, learned APP for State.

2. Applicant - accused has filed the present Application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C.") in connection with Crime No. I 229/2015 registered with Ulhasnagar Police Station for the offences punishable under Sections 302, 386, 201 & 120(B) of the Indian Penal Code, 1860 (for short "IPC"); under Sections 3, 25, 7 and 37 of the Arms Act, 1959; under Sections 37(1) and 135 of the Maharashtra Police Act, 1951 and under Sections 3(1)(i), 3(2) and 3(4) of the Maharashtra Control of Organized Crime Act, 1999 (for short "MCOC Act").

3. FIR dated 11.09.2015 is lodged by the first informant stating that on that date of incident at about 3.30 p.m. outside the office of the cable operator near Gol Maidan, Ulhasnagar Applicant before me committed offence by firing from a weapon at the victim fatally. Conspiracy is alleged pursuant to which 13 accused were apprehended and arrested including the present Applicant. Applicant has been in incarceration from 15.09.2015 and as of today he has undergone a period of detention for 9 year

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