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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 149 OF 2016

The State of Maharashtra,

Through Gangakhed Police Station,

District Parbhani

..APPLICANT

VERSUS

1.

Ganesh Sadashiv Mundhe

2.

Chandrakant @ Chandu s/o

Tukaram Margil

3.

Dnyanoba @ Dnyanu s/o

Prabhakar Mundhe

..RESPONDENTS

Mr S. J. Salgare, A.P.P. for applicant;

Mr R. N. Dhorde, Senior Advocate i/b Mr V. N.

Shelke and Mr V. R. Dhorde, Advocate for

respondents

WITH

CRIMINAL APPLICATION NO. 6948 OF 2015

Kushabai w/o Dashrath Mundhe,

Age: 65 years, Occu: Household,

R/o Village Margalwadi,

Taluka Gangakhed,

District Parbhani

..APPLICANT

VERSUS

1.

The State of Maharashtra

2.

Pandit alias Bandu s/o

Baliram Gutte

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3.

Suryakant alias Baban s/o

Madhavrao Gutte

4.

Siddheshwar alias Siddhu s/o

Shyamrao Gutte

5.

Haribhau alias Hari s/o Balaji

Mundhe

6.

Vitthal alias Bandu s/o

Baburao Tandale

..RESPONDENTS

WITH

CRIMINAL APPLICATION NO. 6366 OF 2015

Kushabai w/o Dashrath Mundhe,

Age: 65 years, Occu: Household,

R/o Village Margalwadi,

Taluka Gangakhed,

District Parbhani

..APPLICANT

VERSUS

1.

The State of Maharashtra

2.

Ganesh s/o Sadashiv Mundhe

3.

Chandrakant alias Chandu

s/o Tukaram Margil

4.

Dnyanoba alias Dnyanu s/o

Prabhakar Mundhe

..RESPONDENTS

Mr R. S. Deshmukh, Advocate for applicant;

Mr S. J. Salgare, A.P.P. for respondent/State;

Mr R. N. Dhorde, Senior Advocate i/b Mr V. N.

Shelke and Mr V. R. Dhorde, Advocate for respondent

Nos. 2 to 6 in Criminal Application No. 6948/2015

and for respondent Nos. 2 to 4 in Criminal

Application No. 6366/2015

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CORAM : N.W. SAMBRE, J.

DATE : 3rd August, 2016

ORDER :

All

these

applications

are

for

cancellation of bail in Crime No. 215 of 2015

registered with Gangakhed Police Station, District

Parbhani, for the offence punishable under Sections

302, 143, 147, 148, 149, 109, 201 of the Indian

Penal Code.

2.

The prosecution story as appears from the

contents of the first information report is that

one Ram @ Balu, son of Dashrath and complainant

Kushabai, contested the Grampanchayat election

against the panel set up by sitting Zilla Parishad

member, accused Laxman Mundhe– applicant in

Criminal Application No. 3886 of 2016. Out of the

said political enmity, Ram was murdered in the

intervening night of 26^th and 27^th July, 2015, which

incident was witnessed by complainant Kushabai,

mother of deceased Ram, Bhagwat and Dhanraj, cousin

brothers of deceased Ram.

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3.

Learned

Additional

Sessions

Judge,

Gangakhed, while dealing with the case of accused

persons, vide order dated 19^th November, 2015 has

allowed the application and ordered release of the

accused persons on the following conditions.

“1.

The application is hereby allowed.

2.

The applicants be released on their executing

P.R. bond of Rs. 25,000/- (Rs. Twenty-five

Thousand) each with solvent surety in the like

amount.

3.

The applicants shall not enter the limits of

Gangakhed Taluka till further order, except for

attending the Court.

4.

The applicants shall furnish the proof of the

place where they would reside during the period

they are restrained from entering Gangakhed

Taluka.

5.

The applicants shall not tamper the evidence

by inducement or threat.”

4.

In the above referred background, Mr.

Salgare, learned A.P.P. and Mr. Deshmukh, learned

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Counsel for the applicant-complainant, would submit

that the order of grant of bail is not sustainable

on merits, particularly in view of availability of

eye witnesses to the incident. Mr. Deshmukh,

learned Counsel would invite my attention to the

apprehension expressed by the complainant qua

threats received by