Bombay High Court
Jyoti W/O. Laxman Chavhan vs The State Of Maharashtra And ... on 28 February, 2022
Bench: V. V. Kankanwadi
22-aba-164-2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
22 ANTICIPATORY BAIL APPLICATION NO.164 OF 2022
1. Shalubai Rajaram Chavan
2. Renuka Sanjay Chavan ... Applicants
Versus
The State of Maharashtra ... Respondent
...
WITH
APPLN/597/2022 IN ABA/164/2022
...
Advocate for Applicants : Mr. Sabnis Ameya N
APP for Respondent - State : Mr. B. V. Virdhe
Advocate for applicant - original informant in APPLN/597/2022 : Mr. S.
S. Panale
...
CORAM : SMT. VIBHA KANKANWADI, J.
DATE : 28.02.2022
PER COURT :
. Criminal Application No.597 of 2022 filed by the original
informant seeking permission to assist learned APP stands allowed and
disposed of.
2. Applicants are apprehending their arrest in connection with Crime
No.10 of 2021 registered with Udgir Rural Police Station, Dist. Latur for
the offences punishable under Sections 307, 452, 324, 336, 427, 323,
504, 506, 143, 147, 148, 149 of the Indian Penal Code.
(1)
::: Uploaded on - 01/03/2022 ::: Downloaded on - 02/03/2022 05:11:16 :::
22-aba-164-2022.odt
3. Heard learned Advocate Mr. Ameya N. Sabnis for the applicant
and learned APP Mr. B. V. Virdhe well assisted by learned Advocate
Mr. S. S. Panale for the original informant.
4. It has been vehemently submitted on behalf of the applicants that
the charge-sheet is now filed and the investigation is over. Perusal of the
FIR would show that the role attributed to the present applicants is that
they had assaulted sisters of the informant by sticks. The medical papers
of these two sisters would show that they have received simple injuries
and, therefore, at the most, the offence that would be attracted against
them is either under Section 324 or Section 323 of Indian Penal Code.
The applicants are ready to abide by the terms of the bail.
5. Per contra, the learned APP strongly opposed the application with
able assistance of learned Advocate Mr. S. S. Panale for the informant. It
has been submitted that all the accused had formed unlawful assembly
and in pursuant to their common object they had assaulted the
informant and other witnesses. Therefore, though individually, they
might have given simple injuries to the sisters of the informant, yet the
acts done by the other members of the unlawful assembly are also
required to be considered. It is also to be noted that all the accused
persons had barged into the house of the informant and they were
(2)
::: Uploaded on - 01/03/2022 ::: Downloaded on - 02/03/2022 05:11:16 :::
22-aba-164-2022.odt
armed with stones, stick, knife, pipes and swords. Co-accused had
assaulted nephew of the informant by sword and sister-in-law, who had
sustained injuries to their head. The mother of the informant had
received injuries due to the iron rod. So also, the father of the informant
has also received those injuries with the rod. Brother of the informant
had received injury due to knife. Further, the present applicants were
absconding and, therefore, charge-sheet came to be filed under Section
299 of the Code of Criminal Procedure. The custodial interrogation of
the applicants is required to recover the sticks they had used. Taking
into consideration the manner in which the offence was committed
would dis-entitle the applicants from getting discretionary relief for
anticipatory bail.
6. Before turning to the merits, it is to be noted that the applicants
had approached this Court by way of filing ABA No.183 of 2021. That
application was withdrawn on 07.04.2021, which was before filing of
charge-sheet. Now, it appears that on 23.06.2021, charge-sheet is filed
and, therefore, when the charge-sheet contains that the present
applicants were not available for the investigation, then the charge-sheet
would be filed against them after their arrest. No Section has been
mentioned as to under which provisions, the charge-sheet came to be
filed against them. So also, in spite of giving opportunity to the
(3)
::: Uploaded on - 01/03/2022 ::: Downloaded on - 02/03/2022 05:11:16 :::
22-aba-164-2022.odt
prosecution to get an explanation from the investigating officer as to
what efforts were made by him to arrest the accused, as no document
regarding the attempts (if any) were made, yet the learned APP submits
that though he had given specific instructions, the Investigating Officer
did not report to him. Mere statement that the investigating officer
could not find the accused and charge-sheet will be filed against them
after their arrest will not suffice. When investigation, in all, has been
done as against present applicants also and its outcome is the charge-
sheet under Section 173 of the Code of Criminal Procedure, it cannot be
segregated by saying that it is against those persons, who have been
arrested only. The scope of further investigation as contemplated under
Section 173(8) of the Code of Criminal Procedure is different.
Therefore, the fact will have to be considered that in spite of opportunity
given to the investigating officer, he has not produced on record any
document to show what efforts he had made to nab the present
applicants. He could have definitely taken steps under Section 82 of the
Code of Criminal Procedure. Note can be taken of the guidelines given
in Satender Kumar Antil Vs. Central Bureau of Investigation and
another, Special Leave to Appeal (Crl.) No.5191 of 2021 (arising out of
impugned final judgment and order dated 01.07.2021 in CRMABA
No.7598 of 2021 passed by the High Court of Judicature at Allahabad),
(4)
::: Uploaded on - 01/03/2022 ::: Downloaded on - 02/03/2022 05:11:16 :::
22-aba-164-2022.odt
wherein the Apex Court on 07.10.2021 categorized the offences and the
guidelines were given. Taking into consideration the Sections involved
in the present case, the present case would fall under category (B) i.e.
for the offences punishable with death, imprisonment for life, or
imprisonment for more than 7 years. The requisite conditions stated
are, not arrested during investigation and cooperated throughout in the
investigation including appearing before investigating officer whenever
called. For category (B), it is stated, on appearance of the accused in
Court pursuant to process issued bail application to be decided on
merits. Therefore, the requisite condition will have to be considered
along with the guidelines for category (B). In this case, when present
applicants were not arrested at all during the course of the investigation
yet charge-sheet came to be filed and, there is nothing in the charge-
sheet to suggest that the investigation could not take place/completed in
absence of the accused, then it will have to be considered that the
physical custody of the applicants is not required for the purpose of
investigation.
7. Taking into consideration the contents of the FIR and the
statement of witnesses, the role attributed to the applicants is assault by
sticks to the sisters of the informant. Sister Munnabai has received three
injuries, which are simple in nature. So also, sister Shalubai has received
(5)
::: Uploaded on - 01/03/2022 ::: Downloaded on - 02/03/2022 05:11:16 :::
22-aba-164-2022.odt
one injury i.e. abrasion over left shoulder. It is simple in nature. Taking
into consideration this aspect, the applicants deserve to be released on
bail. Hence, the following order :-
ORDER
I) Application stands allowed.
II) In the event of arrest of applicants viz. (i) Shalubai Rajaram
Chavan and (ii) Renuka Sanjay Chavan in connection with Crime
No.10 of 2021 registered with Udgir Rural Police Station, Dist.
Latur for the offences punishable under Sections 307, 452, 324,
336, 427, 323, 504, 506, 143, 147, 148, 149 of Indian Penal
Code, they be released on P. R. Bond of Rs.30,000/- with two
sureties of Rs.15,000/- each.
III) The applicants shall not tamper with the evidence of the
prosecution in any manner.
IV) They shall not indulge in any criminal activity.
V) If at all the Investigating Officer intends to take up steps
under Section 173(8) of the Code of Criminal Procedure, then the
applicants to cooperate with the investigation.
[SMT. VIBHA KANKANWADI, J.]
scm
