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2025 DAILYLAW 43768 (BOM)

GOURAV GAJANAN PATIL AND ORS v. THE STATE OF MAHARASHTRA

BA/4978/2024 · 2025-01-07

Shri N R Borkar

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Judgment text

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30-BA-4978-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4978 OF 2024 1. Gourav Gajanan Patil 2. Atul Bhanudas Gavade 3. Rupesh Baban Gavade 4. Nilesh Suresh Sapkal ...Applicants VERSUS The State of Maharashtra ...Respondent …. Mr. Umesh R. Mankapure a/w Ms. Stefy J. Dias and Mr. Amol Kanaki, Advocate for the Applicants. Ms. G. P. Mulekar A.P.P. for the Respondent – State. …. CORAM : N. R. BORKAR, J. DATE : 7th JANUARY, 2025. P.C. : 1. This is an application for regular bail. 2. The applicants came to be arrested in Crime No. 195 of 2024 registered at Sangli Rural Police Station, District Sangli for the offences punishable under Sections 302, 307, 364, 323, 324, 143, 144, 147, 148, 149, of the Indian Penal Code. 3. According to the prosecution, the deceased was expelled from the School, at the instance of witness Bhanudas Patil and thus he was annoyed with him. It is alleged that on the date of incident which took place on 24.6.2024, the deceased thus assaulted him. It is alleged that due to the said act of the deceased present applicants and other co-accused got annoyed and assaulted the deceased by deadly weapons and committed his murder. Pramod Lakare 1 of 3 30-BA-4978-2024.doc 4. The bail is sought on the ground of parity. The learned counsel for the applicants in support of said ground has produced on record the copy of the order passed by the Sessions Court dated 16.10.2024 below Exhibit - 12 in Sessions Case No. 167 of 2024. By the said order, the learned Session Court has released co- accused Mahesh Mohan Patil, Gajanan Tavdarkar, Sachin Patil, Dipak Mali, Vaibhav Todkar, Vivek Patil, Vishal Patil Dhanaji Patil Dipak Burle and Vaibhav Patil on bail. 5. I have perused the statement of eye witness namely Rahul Shivaji Mane recorded under Section 164 of Cr.P.C.. The role attributed to the present applicants and co-accused Mahesh Patil and others appears to be identical. In that view of the matter, I am inclined to release the applicants on bail. In the result, the following order is passed: ORDER (i) Criminal Bail Application is allowed; (ii) The applicants are directed to be released on bail in connection with Crime No. 195 of 2024 registered at Sangli Rural Police Station, District Sangli for the offences punishable under Sections 302, 307, 364, 323, 324, 143, 144, 147, 148, 149 of the Indian Penal Code, on executing P.R. Bond in the sum of Rs.25,000/- each with one or two sureties in the like amount; Pramod Lakare 2 of 3 30-BA-4978-2024.doc (iii) The applicants shall attend the concerned Police Station once in a month, i.e., on first Saturday between 11:00 am to 2:00 pm. till conclusion of trial. (iv) The applicants shall not tamper with the prosecution evidence. (N. R. BORKAR, J.) Pramod Lakare 3 of 3