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Bombay High Court

Gajanan Maroti Nakitod vs Prakash Naganna Kanmod And Another on 19 October, 2022

Author: S.G. Mehare

Bench: S.G. Mehare

                                                                   933-ba-1658-2022.odt
                                        (1)


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                     BAIL APPLICATION NO.1658 OF 2022
                  WITH APPLN/3457/2022 IN BA/1658/2022

                       PRAKASH NAGANNA KANMOD
                                   VERSUS
                       THE STATE OF MAHARASHTRA
                                       ...
               Advocate for Applicant : Mr. Deshpande Gaurav L
                APP for Respondent/State : Ms. V.S. Choudhari
                                       ...
                                       CORAM : S.G. MEHARE, J.

                                        DATED : 19th OCTOBER, 2022

 PER COURT:-

 1.               Heard learned counsel for the applicant and learned APP

 for the State. Nobody appeared for the complainant though the

 application is filed.

 2.               The role attributed as per the FIR to the applicant is that

 he beat the injured; however, in a supplementary statement, the

 complainant improved his statement and alleged against the applicant

 that applicant hold him and other accused stabbed him.                          The

 applicant has a case that he is suffering from paralysis. Therefore, it

 was not possible for him to assault or hold the injured.

 3.               Perused the papers. Having regard to the role attributed

 to the applicant and the progress in the investigation, it would be

 inappropriate to keep him behind the bars.             Hence, the following

 order :




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                                                                       933-ba-1658-2022.odt
                                             (2)


                                       ORDER
 (i)          Bail Application is allowed.

 (ii)         The applicant, Prakash Naganna Kanmod, be released on bail

on executing P.B. and S.B. of Rs.25,000/- (Rupees Twenty Five Thousand) with one surety in the like amount in connection with Crime No.302/2022, registered at Bhokar Police Station, District Nanded for the offences punishable under Sections 307, 324, 323 read with Section 34 of the Indian Penal Code on the condition that he shall not tamper with the prosecution evidence.

(iii) Criminal Application No.3457 of 2022 is disposed of.

(S.G. MEHARE, J.) Mujaheed// ::: Uploaded on - 20/10/2022 ::: Downloaded on - 21/10/2022 14:18:31 :::