Bombay High Court
Nitin Jaysing Phalke And Ors vs The State Of Maharashtra on 20 April, 2017
Bench: V.K. Tahilramani
5b. cri appa 560-17.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 560 OF 2017
IN
CRIMINAL APPEAL NO. 336 OF 2017
1. Nitin Jaysing Phalke
2. Dilip Sampat Phalke
3. Dattu @ Ashok Shrirang Phalke .. Applicants
(Org. Accused Nos. 1 to 3)
Versus
The State of Maharashtra .. Respondent
...................
Appearances
Mr. Kiran Arjun Nikam Advocate for the Applicants
Mrs. G.P. Mulekar APP for the State
...................
CORAM : SMT. V.K. TAHILRAMANI &
M.S. KARNIK, JJ.
DATE : APRIL 20, 2017.
ORAL ORDER [PER SMT. V.K. TAHILRAMANI, J.] :
1. Heard both sides.
2. The applicants - original accused Nos. 1 to 3 have been
convicted mainly under Section 302 r/w 34 of IPC. The
applicants are now seeking bail.
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5b. cri appa 560-17.doc
3. It is the prosecution case that on 6.8.2015 at about
4.00 p.m., the applicants assaulted Khandu Baban Chavan
with fist blows and kick blows. Khandu Chavan expired on
26.8.2015 and as per the evidence of PW 8 Dr. Khade, the
probable cause of death is due to complications following
blunt trauma to abdomen.
4. It is noticed that the incident had occurred on 6.8.2015
and the FIR was lodged on 19.8.2015. Moreover, though
there is an eye witness i.e PW 3 Dilip who was the cousin
brother of the deceased, his statement was recorded more
than 13 days after the incident. Thus, prima facie we find
much merit in the submission of the learned counsel for the
applicants that on account of delay, there is serious doubt
about the genuineness of the prosecution case. In any event
as stated earlier, the assault was only by fist blows and kick
blows and no weapon was used by any of the applicants,
hence, prima facie, we find much merit in the submission of
the learned counsel for the applicants that there was no
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5b. cri appa 560-17.doc
intention on the part of any of the applicants to cause the
death of Khandu Chavan. Looking to all these facts we are
inclined to grant bail to the applicants. Hence, the order :-
ORDER
i. Each of the applicant i.e Applicant Nos. 1 to 3 to be released on bail in the sum of Rs. 25000/- each [ Rs. Twenty Five Thousand each ] with one or two sureties to make up the said amount and P.R. Bond in like amount. ii. During the period that applicants are on bail, they shall report to Koregaon Police Station, Satara once in a month i.e on first Monday of every month.
5. The application is allowed in the above terms.
[ M.S. KARNIK, J. ] [ SMT. V.K. TAHILRAMANI, J. ]
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