30-BA-1738-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 1738 OF 2022

1. Pradeep @ Banti Vilas Kambale

2. Sachin Tukaram Ghodake

…Applicants

Versus

The State of Maharashtra

…Respondent

…......

Mr. Niranjan Mundargi i/b Mr. Keral Mehta for the Applicant.

Mr. A.R. Kapadnis, APP for the State.

Mr. Y. B. Yangar, API Sangola Police Station, Present.

…......

CORAM : N.R. BORKAR, J.

DATED : 2 DECEMBER 2022

P.C. :-

This is an application under Section 439 of Code of Criminal

Procedure for bail.

2.

The applicants came to be arrested in Crime No. 1368 of 2021

registered at Sangola police station for the offence punishable under

Section 302, 201 of the Indian Penal Code.

3.

The applicants are accused Nos. 3 and 4 in the aforesaid crime.

The deceased was the husband of accused No. 5. According to the

prosecution the accused No. 5 had illicit relationship with accused

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No. 2. It is alleged that accused No. 5 had received the amount of Rs.

28 lakhs towards compensation for acquisition of land and out of the

said amount she gave certain amount to accused No. 2. It is alleged

that deceased was asking accused No. 5 to whom she had given

money and as she was avoiding to disclose, he used to quarrel with

her. It is alleged that accused No. 2 thus alongwith present applicants

hatched the conspiracy and committed the murder of the deceased.

4.

I have heard the learned counsel for the applicants and the

learned APP for the respondent-State.

5.

The learned counsel for the applicants submits that there is no

material at all to connect the present applicants with the alleged

crime. It is submitted that the applicants are in jail for more than one

year and further detention of the applicants is not necessary as the

investigation is over. It is thus submitted that the applicants may be

released on bail.

6.

On the other hand the learned APP for the respondent-State

submits that the present applicants are involved in the serious crime

of murder. It is submitted that during the relevant period the

applicants and accused No. 2 were in contact with each other and

there is a material to that effect in the form of CDR. It is submitted

that considering the nature of offence applicant may not be released

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on bail.

7.

I have perused the charge-sheet. The motive for alleged crime is

attributed to accused No. 5 and accused No. 2. Except CDR there is

no other incriminating material to connect the present applicants with

the alleged crime. Prima facie there appears to be no reason for the

applicants to conspire with the accused No. 2 to commit the alleged

crime. I am therefore inclined to release the applicants on bail. Hence,

the following order is passed:

(i)

Application is allowed.

(ii)

The applicant No. 1. Pradeep @ Banti Vilas Kambale and

applicant No. 2. Sachin Tukaram Ghodake shall be released on bail in

Crime No. 1368 of 2021 registered at Sangola police station for the

offence punishable under Section 302, 201 of the Indian Penal Code

on furnishing PR bond in the sum of Rs. 25,000/- each each with one

or two sureties in the like amount.

8.

Needless to mention that the observations are prima facie.

( N.R. BORKAR, J. )

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