Shiva @ Dolu Manoj Kevat vs State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Bom) 2008

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NEELA GOKHALE
Shiva @ Dolu Manoj Kevat – Appellant
Versus
State of Maharashtra – Respondent

Advocates Appeared:
For the Appellant :Mr. Tapan Thatte A/w, Mr. M. S. Mulla A/w, Mr. Rajdeep Sitapure, Advocate
For the Respondent: Mr. Yogesh Y. Dabake, APP.
PSI – Linkan Hasure, Attached To Nerul Police Station, Present.

JUDGMENT :

DR. NEELA GOKHALE, J.

1. The Applicant seeks his release on bail in connection with FIR No.580/2023 dated 20/12/2023 registered with Nerul Police Station, Navi Mumbai, for the offences punishable under sections 302, 201, 120-B r/w 34 of the Indian Penal Code as well as under sections 37(1)(135) of the Maharashtra Police Act.

2. The case of the prosecution is based on the statement of one Suresh Pangeli, one of the partner in the partnership firm owning the hotel namely 'Bharti Bar', who is the First Informant. As per his statement, in the morning of 20/12/2023, the DJ working in the said bar was found dead on the first floor in the ladies service bar. The First informant informed the police regarding discovery of the body, pursuant to which the FIR was registered.

3. The Applicant made an application for bail before the Additional Sessions Judge, Belapur. However, by the order dated 28/08/2024, his Bail Application was rejected. Hence, he is before this Court for his release on bail.

4. Learned counsel Mr. Tapan Thatte, appearing for the Applicant submitted that firstly the evidence in the present case is circumstantial in nature. It is based only on the last seen theory. The

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