Bombay High Court
Sarjerao Vishwanathrao Shinde ... vs The State Of Maharashtra on 27 April, 2022
Bench: V. V. Kankanwadi
{1} ABA 507 OF 2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
909 ANTICIPATORY BAIL APPLICATION NO.507 OF 2022
1. Sarjerao s/o Vishwanathrao Shinde
2. Bhagwat s/o Prakashrao Shinde
3. Sandeep s/o Laxmanrao Shinde ..Applicants
(Orig. Accused No.4,5 & 8)
VERSUS
. The State of Maharashtra
Through Police Inspector,
Gangakhed Police Station,
Tq.Gangakhed, Dist.Parbhani. ..Respondent
...
Advocate for Applicants : Mr.V.D.Salunke
APP for Respondent : Mr.V.S.Badakh
...
CORAM : SMT. VIBHA KANKANWADI, J.
DATE: 27th April, 2022
ORDER :-
1. Heard learned Advocate for the applicants.
2. Learned APP for the respondent strongly opposes the
application for grant of any interim relief. He submits that the
matter is coming for the frst time and he is yet to receive the
Police papers, however, taking into consideration the role
attributed to the applicants in the First Information Report (FIR),
interim protection need not be granted.
{2} ABA 507 OF 2022
3. Perusal of the FIR lodged by one Shrawan Rameshwar
Shinde on 29th March, 2022 would reveal that it is in respect of
incident alleged to have been taken place on 24 th March, 2022 at
10:30 p.m. He states that he had seen the accused persons
assaulting deceased Madhav Shinde. He then states that
deceased Madhav Shinde was taken to the Hospital by applicant
No.1 and he himself had informed the said fact to the relatives of
the deceased. It is then stated that deceased Madhav Shinde
was taken to Aadhar Hospital, Nanded and while undergoing
treatment he expired on 25th March, 2022. The post mortem was
conducted and funeral was performed on 26 th March, 2022. Still
the FIR is belated by three days. He has tried to explain the
delay by saying that due to the terror of the sand Mafas and
present applicants are one of those sand Mafas, the FIR was not
lodged but the others persuaded that they should fle the FIR and
therefore, it has been fled.
4. In the FIR, the role attributed to the applicant No.1 is
assault to Madhav Shinde by kicks and fsts alongwith co-
accused Omprakash Shinde and Suresh Shinde. As regards
applicant No.2, it is stated that he has assaulted deceased
Madhav by stone and the blows were given on leg and back.
Applicant No.3 had assaulted him by stick on his legs. Therefore,
{3} ABA 507 OF 2022
even if we consider the role attributed to the applicants, it
appears that two of them have assaulted on the legs and another
has given kicks and fsts. Even at this prima facie stage, it can
be opined that individual acts of the applicants will not cause
murder.
5. Interestingly though the learned Additional Sessions Judge,
Gangakhed, District Parbhani, while rejecting the bail application
fled by the applicants, has stated that he has perused the Police
papers and documents produced by the applicants, he has not
mentioned them in detail and literally the reasons have been
bundled in twelve lines. At the stage, what is appearing is that
the FIR states that all the assaults those were given were below
waist of deceased Madhav and under such circumstance, what
could have been the probable cause of the death and whether it
amounts to homicidal death is a question and that aspect has not
been considered by the learned Additional Sessions Judge.
6. In a recent pronouncement in Ms.Y Vs. State of Rajasthan
and Another [2022 LiveLaw (SC) 384], the Hon'ble Supreme
Court has observed that "a recent trend of passing such orders
granting or refusing grant of bail, where the Courts make a
general observation that "the facts and circumstances" have
{4} ABA 507 OF 2022
been considered, has been deprecated, however, such a
situation continues despite various Judgments of this Court
(Hon'ble Supreme Court) wherein this Court (Hon'ble Supreme
Court) had disapproved such a practice and then reference was
made to Mahipal Vs. Rajesh Kumar Alias Polia and Another
[(2020) 2 SCC 118]. Further it has been observed that
"reasoning is the life blood of the judicial system and that every
order must be reasoned is one of the fundamental tenets of our
system and unreasoned order sufers the vice of arbitrariness".
7. Therefore, it ought to have been considered as to whether
the death was homicidal in nature and then what was the role
attributed to the applicants.
8. Taking into consideration above said contents of the FIR
specifying the role of the applicants as aforesaid, they deserve
interim protection till the papers are perused.
9. Issue notice to the respondent. Learned APP waives
service of notice for the respondent.
10. Stand over to 8th June, 2022.
{5} ABA 507 OF 2022
11. In the meantime, in the event of arrest of applicant No.1 -
Sarjerao Vishwanathrao Shinde, applicant No.2 - Bhagwat
Prakashrao Shinde and applicant No.3 - Sandeep Laxmanrao
Shinde in connection with Crime No.0119 of 2022, registered
with Gangakhed Police Station, District Parbhani, for the ofence
punishable under Sections 302,143, 147, 148, 149, 188 of the
Indian Penal Code, they be released on bail on P.R.Bond of
Rs.50,000/- (Rs. Fifty Thousand only) each with two solvent
sureties of Rs.25,000/- (Rs. Twentyfve Thousand only) each.
12. The applicants shall attend the concerned Police Station on
every Monday and Thursday between 10.00 a.m. to 02.00 p.m.
till further orders and co-operate with the investigation.
13. The applicants shall not tamper with the evidence of the
prosecution in any manner.
14. The applicants shall not contact the informant in any
manner.
15. The applicants shall not indulge in any criminal activity.
( SMT. VIBHA KANKANWADI )
JUDGE
SPT
