Bombay High Court
Pradip Manohar Bhatkar vs The State Of Maharashtra on 27 April, 2017
Bench: V.K. Tahilramani
7. cri appa 558-17.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 558 OF 2017
IN
CRIMINAL APPEAL NO. 335 OF 2017
Pradip Manohar Bhatkar .. Applicant
Versus
The State of Maharashtra .. Respondent
...................
Appearances
Mr. Chaitanya Pendse Advocate for the Applicant
Mrs. G.P. Mulekar APP for the State
...................
CORAM : SMT. V.K. TAHILRAMANI &
M.S. KARNIK, JJ.
DATE : APRIL 27, 2017.
ORAL ORDER [PER SMT. V.K. TAHILRAMANI, J.] :
1. Heard both sides.
2. The applicant - original accused has been convicted
under Section 302 of IPC for causing the death of Sudhakar.
The applicant is now seeking bail.
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3. It is the prosecution case that on the evening of
18.1.2015, the applicant assaulted Sudhakar with sickle and
caused his death.
4. There is no eye witness in the present case. Learned
counsel for the applicant submitted that the evidence of PW
9 Dr. Bhoye shows that the injuries sustained by Sudhakar
were possible on account of car accident. The body of
Sudhakar was found lying on the road. Learned counsel for
the applicant submitted that the evidence of the complainant
PW 1 Veerdhaval Patil shows that the FIR was lodged on the
basis of suspicion. PW 1 Veerdhaval has stated that the
applicant suspected that Sudhakar was doing black magic on
him, hence, the applicant had quarreled and threatened
Sudhakar. However, as far as this incident of quarrel and
threatening is concerned, it has taken place about 4/5
months prior to the incident. Thus, prima facie, the
circumstance of motive in this case is very weak and we find
some merit in the submission that as the body was found
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lying on the road with injuries on the person, the applicant
has been falsely implicated on account of suspicion.
5. Learned APP relied on the evidence of PW 7 Pawar who
is the dog handler who has stated that the sickle was lying
near the spot and the dog took smell of the sickle and led to
the house where the applicant was residing. As far as this
circumstance is concerned, learned counsel for the applicant
submitted that the applicant was not in exclusive possession
of the house and there were five other persons residing in
that house. Moreover, he drew our attention to the evidence
of neighbour PW 2 Sanjay and the Investigating Officer PW
10 Manohar Chikhale who have stated that prior to dog
smelling the sickle, it was handled by others. PW 10
Manohar Chikhale has stated that it is true that when the
sickle was found near the spot of the incident, it was
handled. Thus, we find this circumstance to be weak.
6. Learned APP has further submitted that when the
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applicant was arrested, blood stains were found on his
clothes. As far as this circumstance is concerned, the
learned counsel for the applicant pointed out that Exh. 56
which is arrest panchnama of the applicant shows that he
was arrested on 19.1.2015 at 2.15 a.m. and at that time, the
clothes which were on his person were taken into possession.
He submitted that this shows that the clothes which were on
the person of the applicant were taken into custody by the
police on 19.1.2015 at 2.15 a.m, however, the panchnama
relating to seizure of blood stained clothes which were
allegedly on the person of the applicant took place on
19.1.2015 between 8.00 p.m. to 8.40 p.m. This panchnama
shows that the sweater and the sando banyan which were on
the person of the applicant were blood stained, hence, they
came to be seized. Learned counsel for the applicant
submitted that if the clothes were seized by the police at
2.15 a.m. on 19.1.2015 as seen from the arrest panchnama,
it is not possible that again at 8.00 p.m., there would be
blood stained clothes on the person of the applicant. He
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submitted that this shows that this is a planted evidence.
Looking to these facts, prima facie, we find much merit in the
submission of the learned counsel for the applicant.
7. Lastly it was submitted that the blood stained sandals
were found in the house where the applicant was residing.
As far as this circumstance is concerned, it is seen that there
is no witness who has stated that those sandals belong to
the applicant.
8. Looking to the above facts and the fact that the
applicant was on bail during the trial and it is not the case of
the prosecution that the applicant has misused the liberty
granted to him, we are inclined to grant bail to the applicant.
Hence, the following order:-
ORDER
i. The applicant to be released on bail in the
sum of Rs. 30000/- [ Rs. Thirty Thousand ]
with one or two sureties to make up the said
amount and P.R. Bond in like amount.
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ii. During the period that the applicant is on bail,
he shall report to Sangameshwar Police Station
on every alternate Monday till disposal of the
appeal.
9. The application is allowed in the above terms.
[ M.S. KARNIK, J. ] [ SMT. V.K. TAHILRAMANI, J. ]
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