ORDER

Dated this the 28th day of September, 2021 Application for regular bail.

2. The petitioner is the accused in Crime No. 44 of 2021 of Sholayur Police Station registered for the offence punishable under Section 302 of the Indian Penal Code.

3. The petitioner has been in custody since 02.07.2021.

4. The prosecution allegation is as follows:

Due to the previous enmity of this petitioner towards the deceased, on 01.07.2021 at about 5.30 p.m. while he was attending a funeral function, this petitioner has stabbed him with a deadly weapon and caused instantaneous death to him.

5. The learned counsel for the petitioner submits that he has not committed the offence as alleged by the prosecution and he is totally innocent of the allegations levelled against him. He is a poor man and the sole bread winner of his family. So, further detention in jail will cause severe hardship and pain to his family members.

6. The learned Public Prosecutor on instruction submits that the investigation of the case is almost complete and the charge sheet could be filed within no time. So, the prosecution has no serious objection in granting bail to this petitioner. It is also pointed out that the petitioner has no criminal antecedents.

7. It is true that the deceased was attacked with a deadly weapon and that caused instantaneous death to him. But this petitioner has no criminal antecedents and now the investigation is practically over. Therefore, considering all these facts, I am inclined to release him on bail.

Therefore, this application is allowed subject to the following conditions:

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the jurisdictional court is empowered to cancel the bail in accordance with the law.