Bombay High Court
Nanasaheb Kaduba Ghuge vs The State Of Maharashtra on 23 August, 2022
Author: R. G. Avachat
Bench: R. G. Avachat
905-BA-1240-2022.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 1240 OF 2022
Nanasaheb Kaduba Ghuge ... Applicant
Versus
The State of Maharashtra ... Respondent
....
Mr. A. R. Salve, Advocate for applicant
Mr. A. V. Deshmukh, APP for respondent - State
....
CORAM : R. G. AVACHAT, J.
DATED : 23rd AUGUST, 2022
PER COURT :-
. This is an application for bail under Section 439 of the
Code of Criminal Procedure. The applicant has been arrested in
connection with Crime No.116/2022, registered at Chikalthana
Police Station, District Aurangabad, for the offences punishable
under Sections 302, 324, 326, 504 and 506 of the Indian Penal
Code.
2. Heard. Perused the First Information Report (FIR) and
related papers.
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The FIR has been lodged by the widow of the deceased on
03.04.2022. It is the case of prosecution that the applicant has
murdered his own father on 02.04.2022. The incident was witnessed
by the applicant's mother and all the family members and as such, the
case is based on direct evidence.
3. The learned APP, therefore, urged for rejection of the
application.
4. As per the case of the prosecution, the deceased was
alcoholic. He used to harass the family members. On the given day,
the applicant had reasoned with his father to discontinue alcoholism.
He, however, did not listen. After a while, father came home drunk.
The applicant got enraged thereof. He inflicted on the head of the
deceased a blow with a hammer. The deceased died on the spot.
During investigation, the sisters of the applicant have also given
statements against him.
5. It however appears that the informant, subsequently,
changed her version and came with a case that the deceased fell due
to heavily drunk and thereby received head injury and succumbed
thereto. Before this Court, the informant and both the sisters of the
applicant have appeared. They urged this Court to grant the applicant
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bail. According to the widow of the deceased, the applicant is the only
earning member in the family. On investigation, the charge-sheet has
been filed. The informant and the eye witnesses appear to have
changed their stand. In the circumstances, the Court is inclined to
grant the application. Hence, following order:
ORDER
(i) The Bail Application is allowed.
(ii) The applicant be released on bail in connection with Crime No.116/2022, registered at Chikalthana Police Station, District Aurangabad, for the offences punishable under Sections 302, 324, 326, 504 and 506 of the Indian Penal Code, on his executing P. R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with surety bond of the like amount.
(iii) The applicant shall not tamper with the prosecution evidence.
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