Bhaskar S/O Dadaraoji Ithape vs The State Of Mah. Thr. Pso Ps ...
2022 Latest Caselaw 6689 Bom

Judgment                             1             Cri.Apeal No.356.2022.odt




           IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     NAGPUR BENCH, NAGPUR.

                 CRIMINAL APPEAL NO. 356 OF 2022


      Bhaskar S/o Dadaraoji Ithape,
      Aged 60 years,
      Occ. - Agriculturist and Social Worker,
      R/o Jijau Nagar, Sindhi Meghe, Wardha.
      (Presently at District Prison at Wardha)
                                                   .... APPELLANT

                             // VERSUS //

1)    The State of Maharashtra,
      through Police Station Officer,
      Police Station Sawangi (Meghe),
      District Wardha.

2)    Nilesh S/o Vasantrao Hatmode,
      Aged 29 years, Occ.- Labour,
      R/o Paloti, Wardha,
      Tahsil and District Wardha.
                                             .... RESPONDENTS
______________________________________________________________
     Mr. R. M. Daga, Advocate for the Appellant.
     Mr. I.J. Damle, Additional Public Prosecutor for Respondent No.1
     Mrs. Hemlata S. Dhande, Advocate (Appointed) for Respondent
     No.2.
______________________________________________________________


                  CORAM : SUNIL B. SHUKRE AND
                          G.A. SANAP, JJ.

DATED : 14.07.2022

ORAL JUDGMENT : (Per Sunil B. Shukre, J.)

1. Heard. Admit. Heard finally by consent of the learned

counsel appearing for the parties.

Judgment 2 Cri.Apeal No.356.2022.odt

2. On going through the charge-sheet, we find that this is a

case entirely based on circumstantial evidence and even the

circumstantial evidence is of such a nature that it does not appear to be

prima facie sufficient to point an accusatory finger at the Appellant at

least at this stage. Admittedly, There is no last seen evidence and

admittedly, there is no such evidence as discovery of dead-body at the

instance of the present Appellant. Some witnesses have expressed

suspicion against the present Appellant and so it was expressed against

his co-accused Vilas. Co-accused against whom also there is no last

seen evidence and there is no such evidence as discovery of dead-body

at his instance, has been already released on bail. Case of this

Appellant, therefore, cannot be distinguished from that of co-accused

Vilas. Charge-sheet is already filed and his custodial interrogation is

not required. Even upon the strength of the worth of material

available on record against the Appellant, we find that the Appellant is

entitled to be released on bail. Resultantly, we pass following order :

(i) The Appeal is allowed.

(ii) The order passed by the learned Additional Sessions Judge,

Wardha dated 06.05.2022 in M.C.A. No. 167/2022

rejecting the application for bail filed on behalf of the

Appellant, is hereby quashed and set aside.

Judgment 3 Cri.Apeal No.356.2022.odt

(iii) The Appellant Bhaskar S/o Dadaraoji Ithape, who is in jail

be released on bail in connection with Crime No.601/2021

for the offences punishable under Sections 302, 201, 120B

read with Section 34 of the Indian Penal Code and Sections

3(2)(v) and 3(2)(va) of the Schedule Castes and the

Scheduled Tribes (Prevention of Atrocities) Act, 1989, on

he executing P.R. bond of Rs.50,000/- (Rs. Fifty Thousand

only) with one solvent surety in the like amount.

(iv) The Appellant is directed to attend the Police Station,

Sawangi (Meghe) once in the three months and shall mark

his presence.

(v) The Appellant is also directed that he shall remain

personally present on every date of hearing before the Trial

Court.

With this, the Appeal is allowed and disposed of.

Mrs. Hemlata S. Dhande, learned Advocate (Appointed)

for Respondent No.2. be paid remuneration of Rs.10,000/- (Rs. Ten

Thousand only).

                                        (G.A. SANAP, J.)                (SUNIL B. SHUKRE, J.)
Digitally Signed By:KIRTAK
BHIMRAO JANARDHAN
Signing Date:14.07.2022
19:28
                         Kirtak