ATUL ASHOK SHEVATKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard finally by consent of the learned counsel appearing for the parties.

(2.) This is an appeal raising a challenge to the order of rejection of regular bail dtd. 9/3/2023 passed in Criminal Bail Application No.113/2023 by which the trial Court has declined to exercise discretion in favour of appellant Atul Shevatkar in releasing him on bail. The said order is subject matter of challenge on the premise that the material collected by the police is inadequate to curtail the liberty of appellant. It is argued that besides mere presence and a pull to the collar of deceased, no more role is assigned to the appellant. The entire allegations of inflicting repeated knife blows are against the co-accused Sagar. Having regard to the peculiar allegations against the appellant, he seeks for bail.

(3.) Learned Additional Public Prosecutor Mr. Rao for respondent No.1/State as well as the learned counsel Ms. Kriti Deshpande (appointed) for the informant put resistance to grant bail. It is argued that as per the police papers, the appellant was present on the spot as well as he has participated in the occurrence. It is further argued that both brothers by hatching conspiracy and in furtherance of their common intention had done to death the deceased. Moreover, it is submitted that the appellant is nearby resident of the informant party and thus there is every likelihood of tampering if released on bail.