Bombay High Court
Sagar Rajendra Naik vs The State Of Maharashtra And Anr on 3 February, 2021
Bench: S.S. Shinde, Manish Pitale
1/6 65 Cri. Apeal-967.19 (25-01-21) J.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.967 OF 2019
ALONG WITH
CRIMINAL INTERIM APPLICATION NO.1454 OF 2020
IN
CRIMINAL APPEAL NO.967 OF 2019
Sagar Rajendra Naik ]
R/o. Shanti Apartment, Room No.102, ]
Plot No.B81, Sector-23, Darave, Navi ]
Mumbai. ]
Presently lodged at Taloja Central ]
Prison, Thane. ] ... Appellant
Versus
1. The State of Maharashtra ]
(At instance of Nerul Police ]
Station, Navi Mumbai, vide C.R. ]
No.I-266 of 2016). ]
2. Shahaji Sopan Sonawane ]
R/o. SBI Colony, A-18, Room ]
No.10, Sector No.13, Nerul, Navi ]
Mumbai. ] ... Respondents
...
Mr. Amir Shaikh for the appellant/applicant.
Mr. K.V. Saste, A.P.P. for respondent No.1-State.
...
AJN
::: Uploaded on - 03/02/2021 ::: Downloaded on - 05/02/2021 20:15:18 :::
2/6 65 Cri. Apeal-967.19 (25-01-21) J.odt
CORAM : S.S. SHINDE &
MANISH PITALE, JJ.
RESERVED ON : 25TH JANUARY, 2021.
PRONOUNCED ON : 03RD FEBRUARY, 2021.
JUDGMENT:- [Per: Manish Pitale, J.]
1. The appellant has filed this appeal under Section 14A of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989 ("The Atrocities Act"). He is aggrieved by the order
dated 03/05/2019 passed by the Court of Additional Sessions
Judge, Thane, whereby his bail application was rejected.
2. The appellant is one of the accused persons charged for
offences punishable under Sections 143, 147, 149, 302, 364, 323,
504, 506 of the Indian Penal Code read with Sections 3(1)(R)(S),
3(2) (v)(va) of the Atrocities Act. The allegation against the
appellant is that he, along with his parents, brother and other
associates had, on 18/07/2016 threatened the deceased, who was
allegedly having an affair with the appellant's sister. Thereafter, it
is alleged that on 19/07/2016, the appellant along with the said
persons went to the house of the deceased, wherein they abused
the deceased and his father (original complainant) in the name of
their caste alleging that the deceased was having an affair with the
AJN
3/6 65 Cri. Apeal-967.19 (25-01-21) J.odt
appellant's sister and how dare he indulge in such activity.
3. It is then alleged that the accused persons dragged the
deceased out of his house and then assaulted him with fists and
kicks resulting in severe injuries and ultimately causing the death
of the victim. It was alleged that the appellant had the main role
to play in the said incident as, he was the one, who had
aggressively assaulted the deceased.
4. The police registered the FIR and undertook investigation
leading to filing of charge-sheet dated 12/09/2016. During the
course of investigation, statements of eye-witnesses were recorded
and they described the incident as per the facts stated by the
complainant in the complaint, leading to registration of the FIR.
5. Mr. Shaikh, learned counsel appearing for the appellant
submitted that the appellant was behind bars for about three years
and that all the other accused persons have been enlarged on bail.
It was submitted that no weapon was used in the present incident
and the head injury, due to which the victim died, had been
caused due to his fall on hard surface during the course of the
incident. It was submitted that the role attributed to the
appellant could not be said to be solely responsible for the death
of the victim and that, since the trial would take a long period of
time, the court below ought to have allowed the application for
AJN
4/6 65 Cri. Apeal-967.19 (25-01-21) J.odt
bail. It was submitted that the appellant was ready to undertake
to abide by any condition that may be imposed by this court for
grant of bail.
6. Mr. Saste, leanred A.P.P. opposed the present appeal and he
submitted that the violence unleashed by the appellant was of
such intensity that it resulted in severe injuries that caused the
death of the victim. It is submitted that the present case was a
sensitive one, because it involved assault on a victim, who
belonged to the lower strata of the society and he, along with his
family, was abused in the name of his caste. It was further
submitted that the release of the appellant would be prejudicial to
the trial and there is every possibility of the witnesses being
threatened.
7. We have heard learned counsel for the rival parties and we
have perused the charge-sheet and accompanying documents and
also the impugned order passed by the court below.
8. The material on record does indicate that the victim was
assaulted in an extremely violent manner, although no weapon
was used by the accused persons. The nature of injuries caused to
the victim indicate the force with which he was assaulted, even
though by means of fists and kicks. The statements and other
material on record do show that the appellant was at the forefront
AJN
5/6 65 Cri. Apeal-967.19 (25-01-21) J.odt
of the said assault and that he had a leading role to play in the
incident. The material also indicates that the appellant led the
aggressors to the house of the victim, dragged him out along with
the complainant and then assaulted the victim brutally, leading to
his death.
9. Considering the fact that the appellant, along with his
relatives and associates, went to the house of the victim and
allegedly abused him and his family in the name of their caste,
due to the affair between the victim and the appellant's sister and
the material on record does indicate that it was the appellant, who
was the aggressor. The ferocity of the assault and the fact that the
main role has been attributed by the witnesses to the appellant
would show that notwithstanding bail having been granted to the
other accused persons, it would not be appropriate to enlarge the
appellant on bail. Apart from this, the aspect of the trial being
adversely affected, upon release of the appellant on bail and the
possibility of the witnesses being threatened, cannot be ignored.
10. Insofar as the appellant having already remained in custody
for about three years and the possibility of the trial being
prolonged, appropriate direction can certainly be issued by this
court while disposing of the present appeal.
11. Having perused the material on record and in view of the
AJN
6/6 65 Cri. Apeal-967.19 (25-01-21) J.odt
above, we are of the opinion that the impugned order does not
deserve to be interfered with, particularly when the appellant's
role appears to be significant, in the manner in which the incident
occurred. Therefore, we find no merit in the present appeal and
accordingly, it is dismissed.
12. However, considering that there are about 74 witnesses to
be examined, a number of them being official witnesses, we direct
the trial court to expedite the proceedings and to complete the
trial within a period of eight months from today.
13. In view of the disposal of the appeal, all connected interim
application shall stand disposed of.
(MANISH PITALE, J.) (S.S. SHINDE, J.)
AJN
