CNR No.
MHNS010019372022
Order below Exh.1 in Cri. Bail Application No.499 /2022
( Applicant/accused Vishnu Kisan Pawar Vs. State )
This is application for bail u/s. 439 of the Cr.P.C. in
C.R.216 of 2021( Regular Criminal Case No. 1427 of 2021)
registered with Mumbai Naka Police Station, Nashik u/ss. 304 of
The Indian Penal Code(IPC).
2.
The learned counsel Mr.S.P. Deshmukh for the
applicant submits that, applicant is
innocent person and he has
been falsely implicated. Applicant is ready to abide by any of the
terms and conditions to be imposed by this Court. Applicant
was
arrested on 19.09.2021, and at present he is in judicial custody.
Chargesheet has been filed against the applicant, in the lower
court. He has got fixed and permanent place of residence.
3.
Learned APP Mr. R.M. Baghdane, by filing pursis
(Exh.5) adopted say (Exh.4) filed by Investigation officer (I.O.)
and strongly objected this application.
4.
It is the case of prosecution as per FIR that, informant
Smt. Jaya Santosh Wangade lodged FIR in Mumbai Naka police
station on 19.09.2021 alleging that, on 18.09.2021 at about 4.45
a.m., when her husband deceased Santosh Vishnu Wangade, aged
35 years went for passing urine infront of NMC school, Shivajiwadi,
near
sand material, applicant accused,met him. He was teasing
her husband and purshed him due to which he sustained injury, as
he lost his balance. This fact was told to informant by one Vishnu
..2..
Rokde.
On
20.09.2021,her
supplementary
statement
recorded., wherein she has stated that, Vishnu Rokade
was
on her
instance told her that, applicant had beat her husband by
wooden log on his head due to which her husband seriously
injured and succumbed to injuries at Civil Hospital.
5.
It is relevant to mention that, chargesheet has been filed
against accused in the Court after completion of investigation.
Possibility of conclusion of trial is meagre in future. No purpose
would be served by keeping the applicant in jail for indefinite
period. He has got fixed and permanent place of residence and is
readily available for trial. Considering the nature of offence and
facts and circumstances of the case, I am inclined to exercise my
discretion in favour of applicant to release him bail. Hence, the
following order.
ORDER
1.
This application stands allowed.
2.
Applicant/accused Vishnu Kisan Pawar shall be released
on bail, in C.R.216 of 2021( Regular Criminal Case No. 1427 of
2021) registered with Mumbai Naka Police Station, Nashik u/ss.
304 of The Indian Penal Code(IPC), on executing personal bond
of Rs.25,000/, with one or two sureties in the like amount.
3.
He shall not leave India without prior permission of the
Court.
4.
He shall not hamper or tamper with the prosecution
witnesses or evidence.
6.
Bail before Ld. J.M.F.C.
Date :11.05.2022.
( S.T. Tripathi)
Additional Sessions Judge7,
Nashik.
..3..
Cri.Bail No./2021.