Nitin Jaysing Phalke And Ors vs The State Of Maharashtra
2017 Latest Caselaw 1896 Bom

                                                                                 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.




            jfoanz vkacsjdj                                                                    1 of 3




                   ::: Uploaded on - 21/04/2017                          ::: Downloaded on - 22/04/2017 00:54:52 :::
                                                         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



jfoanz vkacsjdj                                                       2 of 3




       ::: Uploaded on - 21/04/2017             ::: Downloaded on - 22/04/2017 00:54:52 :::
                                                             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. ]




jfoanz vkacsjdj                                                           3 of 3