Bombay High Court
Bapu @ Vijay Narayan Dhale vs The State Of Maharashtra on 17 January, 2022
Bench: M. G. Sewlikar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
21 BAIL APPLICATION NO. 1450 OF 2021
1. Arvind s/o Namdev Gaikwad,
Age : 50 years, Occu : Labour,
2. Sandesh @ Shashikant s/o Arvind Gaikwad,
Age : 20 years, Occu : Education,
Both R/o. Bamni,
Tq. Nilanga, Dist. Latur. ... APPLICANTS
(Orig. Accused No. 5 & 6)
VERSUS
The State of Maharashtra ... RESPONDENT
Shri. V. B. Dhage, Advocate for the applicants
Smt. R. P. Gour, APP for the respondent/State
WITH BAIL APPLICATION NO. 1429 OF 2021
Bapu @ Vijay s/o Narayan Dhale,
Age : 20 years, Occ. Education
R/o. Bamani,
Tq. Nilanga, Dist. Latur. ... APPLICANT
(Orig. Accused )
VERSUS
The State of Maharashtra
Through Police Station Officer,
Nilanga Police Station,
Tq. Nilanga, Dist. Latur. ... RESPONDENT
Shri. P. P. More, Advocate for the applicant
Smt. R. P. Gour, APP for the respondent/State
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CORAM : M. G. SEWLIKAR, J.
DATED : 17th January, 2022
PER COURT :-
1. Both these applications are being disposed of by
common order as they are arise out of the same crime.
2. Case of the prosecution is that all the three
applicants and the deceased were not on good terms. The
deceased was the brother of the informant. It is further
alleged in the FIR that at 8.00 p.m. on 19 th February, 2021
deceased was called out by Ram Gaikwad. Therefore,
deceased went out. He was followed by informant and her
parents. Applicants Bapu Dhale, Arvind Gaikwad and
Shashikant Gaikwad alongwith other accused were there.
They assaulted the informant. Accused Ram slapped the
deceased. Applicant Bapu delivered a blow of stick on the
head of the deceased and also pelted stones which hit the
neck of the deceased. Accused Malhari Gaikwad assaulted
the deceased on his head. The deceased was shifted to the
hospital at Nilanga. A while later the deceased was declared
dead. On these allegations an FIR was lodged on the basis of
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which Crime No. 55 of 2021 was registered under Sections
302, 143, 147, 148, 149, 323, 324, 504, 506, 336 of the
Indian Penal Code and under Section 135 of Maharashtra
Police Act with Nilanga Police Station, District Latur.
3. When this Court expressed its disinclination to
grant any relief to the applicant Bapu @ Vijay s/o Narayan
Dhale (Bail Application No. 1429 of 2021) learned counsel
Shri. More sought permission to withdraw the application
with liberty to move the concerned Court for regular bail if
trial does not get concluded within a specified period.
4. Learned counsel Shri. Dhage for the applicants
(Bail Application No. 1450 of 2021) submits that role of the
applicants is not as serious as that of applicant Bapu Dhale.
He further submits that all the other accused having similar
role have been released on bail. He, therefore seeks release
of the applicants Arvind s/o Namdev Gaikwad and Sandesh
@ Shashikant s/o Arvind Gaikwad on parity.
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5. Learned APP Smt. Gour for the respondent/State
submits that applicants assaulted the informant and the
daughter of the deceased. These two persons sustained
injuries during the incident. She submits that offence is
serious in nature and parity is not applicable.
6. Charge-sheet is filed. On perusal of the FIR and
charge-sheet, it is seen that the death of the deceased
occurred on account of head injury. Head injury is attributed
to accused Bapu Dhale. Other applicants Arvind s/o Namdev
Gaikwad and Sandesh @ Shashikant s/o Arvind Gaikwad
are alleged to have assaulted the deceased with kicks and
fist blows. However, there are no corresponding injuries
indicating that the deceased had sustained injuries because
of kicks and fist blows. Of course informant and the
daughter of the deceased by the name of Sneha are alleged
to have been assaulted by the applicants. However, the
injuries are simple in nature. In view of this, applicants have
no role to play in the death of the deceased. In view of the
judgment of the Hon'ble Supreme Court in the case of
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Prashant Singh Rajput V. State of Madhya Pradesh
reported in AIR 2021 Supreme Court 5004 role of the
accused is one of the considerations for releasing the
applicants on bail. Applicants do not have criminal
antecedents. They have fixed place of residence and
therefore, they will be available for trial. Hence following
order is passed.
ORDER
1. Bail Application No. 1450 of 2021 is allowed.
2. Each of the applicants (Bail Application No. 1450
of 2021) be released on bail on their furnishing PR bond of
Rs. 25,000/- (Rupees Twenty Five Thousand only) with one
solvent surety in the like amount in connection with CR No.
55 of 2021 offence under Sections 302, 143, 147, 148, 149,
323, 324, 504, 506, 336 of the Indian Penal Code and under
Section 135 of Maharashtra Police Act registered with
Nilanga Police Station, Dist. Latur, on condition that they
shall not tamper the prosecution evidence.
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3. Bail Application No. 1429 of 2021 is disposed of
as withdrawn. Learned Trial Court to conclude the trial
within a period of one year. If the trial does not get
concluded within that period, the applicant is at liberty to
move the concerned Court for regular bail. In that case the
Trial Court shall decide the application on its own merits.
4. It is clarified that the observations made in the
above order are restricted to the decision of this application
only and the trial Court shall not get influenced by the same
and can come to its independent conclusion during trial.
[M. G. SEWLIKAR, J.]
ssp
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