Bombay High Court
Papa @ Vinod Madhukar Karosia vs The State Of Maharashtra on 24 April, 2023
Bench: Prakash Deu Naik
2023:BHC-AS:12419
3-BA-453-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 453 OF 2023
Papa @ Vinod Madhukar Karosia ...Petitioner
Versus
The State Of Maharashtra ...Respondent
....
Mr. Aniket Vagal a/w Mr. Kunal Pednekar, Advocate for Applicant.
Mr. M.G. Patil, APP for the Respondent - State.
CORAM : PRAKASH D. NAIK, J.
DATE : 24th APRIL, 2023.
PER COURT:
1. This is an application for bail in C.R. No.I-136/2018
registered with Manmad City Police Station, Nashik for offences
punishable under Sections 302, 307, 452, 323, 201, 120-B r/w 34
of Indian Penal Code (for short 'IPC').
2. The previous application for bail viz. Bail Application
No.3348 of 2019 was rejected by this Court on merits vide order
dated 21st August, 2020.
Digitally signed
by SUNNY
SUNNY ANKUSHRAO
ANKUSHRAO THOTE
THOTE Date:
2023.04.25 3. The applicant thereafter preferred Criminal Bail Application
10:35:31 +0530
No.3933 of 2021 before this Court for bail on medical grounds
which has been rejected vide order dated 18th February, 2022. copy
of the said order is not annexed to this application. However, the
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said fact was reflected in the order dated 11 th January, 2023 passed
by the learned Additional Sessions Judge, Malegaon, District
Nashik rejecting the second bail application by the applicant before
the said Court. After the said fact was brought to the notice of the
learned Advocate for the applicant, the copy of the order dated 18 th
February, 2022 was placed before this Court.
4. The first information report (for short 'FIR') was registered
on 23rd July, 2018 by Smt. Vaishali Pundalik Sadgir. She is the
sister of deceased Dattu Sadgir. It is alleged that, on 22 nd July, 2018
Dattu had accompanied the applicant. The cell phone of Dattu was
taken by applicant. Since Dattu was demanding his phone he was
abused by applicant. On hearing commotion, the first informant
and her mother went to the spot of incident and they took him
home. After some time the applicant, Sopan Hivrale and his two
associates passed from infront of house of first informant on
motorcycle. Brother of first informant Nilesh was returning home
and on hearing shouts the first informant went to the spot and saw
that, the applicant, Sopan Hivrale and others were assaulting
Nilesh. He had suffered head injury. He collapsed on the floor.
Nilesh was brought home and taken to hospital at Manmad for
treatment. At about 9:30 p.m., Dattu was sleeping in the house. At
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that time the applicant and his associates kicked the door of the
house and barged into the house. They were armed with large
knives. The applicant gave a blow of knife near the waist of Dattu
and dragged him out of the house. Thereafter, again blows of knife
were given by him on chest. The first informant snatched the knife
from the hand of applicant's associate. The said accused pushed
the mother of informant as a result of which her head was banged
on the floor and she suffered injury. Dattu had fallen on the floor
in pull of blood. He was taken to hospital at Manmad for
treatment. He was declared dead. Supplementary statement of
first informant was recorded on the same day. In the said
statement, she stated that, the applicant and his associate Rohit
Jagtap assaulted Dattu with knife and thereafter he was dragged
out of house and again assaulted. Statements of other witnesses
were recorded. The applicant was arrested on 24 th July, 2018. Co-
accused were also arrested. Injury certificate of Nilesh, mother of
deceased are on record. On completing investigation charge-sheet
was filed.
5. Learned Advocate for applicant submitted that, the applicant
is in custody from 24th July, 2018. There is no progress in the trial.
The prosecution has so far examined only one witness. The co-
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accused are on bail. There are no chances of trial getting over
soon. The role of assault is also attributed to other accused in the
supplementary statement of first informant. The applicant is ailing
and undergoing treatment in jail hospital. He was also treated at
J.J. Hospital. Learned Advocate has relied upon the medical report
issued by Chief Medical Officer, Nashik Road Central Prison dated
28th April, 2021 and 21st December, 2021. These reports are
annexed to the application. It is further submitted that, medical
reports/case papers were sought through RTI which indicate that
the applicant was admitted in J.J. Hospital for treatment. Even
after rejection of application for bail on medical grounds by this
Court, the applicant was admitted at J.J. Hospital for treatment.
The health condition of application is deteriorating. The
prosecution is relying upon the antecedents of the applicant. In
C.R. No.I-103/2014 registered for offences under Sections 326, 504
and 506 of IPC the applicant has been acquitted. The applicant is
also acquitted in connection with C.R. No.1 of 2015 and 46 of
2015. Learned Advocate has placed on record the judgments of
acquittal in all the three cases. It is further submitted that, C.R.
No.I-121/2016 was registered for offences under Sections 363 and
366 of IPC. The applicant had performed marriage with the victim
girl. C.R. No.I-183/2016 registered for offences under Sections
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326, 323, 504, 506 and 34 of IPC and C.R. No.105 of 2014
registered for offences under Section 392, 323 r/w 34 of IPC are
pending before the concerned Court.
6. Learned Advocate for the applicant has relied upon the
orders passed by this Court in Bail Application No. 430 of 2021
dated 5th January, 2022 and Bail Application No.312 of 2021 dated
19th October, 2022, wherein bail was granted to the accused on the
ground that, they were in custody for substantial period of time
and there was no progress in trial.
7. Learned APP submitted that the previous application for bail
was rejected by this Court on merits. There is no change in
circumstances. The previous application was rejected by assigning
reasons. The applicant is habitual offender. Several cases were
registered against him. He tendered the Police report dated 24 th
March, 2022 which refers the antecedents of applicant mentioned
hereinabove as well as one more case registered vide C.R. No. I-
183/2016 for offences under Sections 326, 323 and 506 of IPC.
The prosecution proposes to examine about 25 witnesses. The
applicant is provided treatment in jail. The role attributed to the
co-accused who are granted bail can be distinguished. Considering
the nature of offence the applicant may not be granted bail.
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8. The previous application for bail was rejected by this Court
vide order dated 21st August, 2020. While rejecting the said
application this Court analyzed the merits of case. In the present
application the applicant has urged that he is in custody for
substantial period of time and there is no progress in trial and that
the applicant is ailing for which he undergoing treatment in jail.
9. The medical reports annexed to this application submitted by
Chief Medical Officer, Nashik Road Central Prison dated 28 th April,
2021 and 21st December, 2021 indicate that the applicant was
examined by Medical Officer of Prison Hospital. He was also
examined by Physician of Civil Hospital Nashik and diagnosed him
as Sub Acute Obstruction managed Conservatively and given
treatment for the same from 5th April, 2021 to 15th April, 2021. He
was again admitted in hospital on 28 th April, 2021. The report
dated 21st December, 2021 reiterates the contents of the earlier
report. It is pertinent to note that after the aforesaid reports dated
28th April, 2021 and 21st December, 2021, the application for bail
preferred by the applicant on medical ground was rejected by this
Court vide order dated 18th February, 2022. On perusal of the said
order it appears that this Court had considered medical report of
the applicant dated 21st December, 2021 from C.M.O. Nashik Road
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Central Prison. Which was taken on record. It was also observed
that, the report shows that the applicant has been diagonised with
sub acute obstruction of intestine. The applicant was complaining
of generalized weakness with loss of appetite and vomiting. The
ailment of the applicant is managed conservatively and it has been
treated at Civil Hospital at Nashik on 15 th April, 2021. It was
submitted by learned Advocate for applicant that the applicant was
admitted in the hospital and treated at Civil Hospital at Nashik.
This Court then observed that looking at the medical report, the
nature of ailment and the fact that the applicant is being treated at
Civil Hospital, Nashik, no case is made out for releasing the
applicant on bail on medical ground. It was thereafter submitted
by the learned Advocate for the applicant that the applicant may
opt for treatment in a private hospital, if released on bail. While
dealing with the said submissions this Court has observed that the
applicant can apply to the concerned Court for treatment in a
private hospital, if so advised. It will be open to the applicant to
move to the learned Magistrate or to the learned Sessions Judge as
the case may be for treatment in the private hospital at his own
cost, if such treatment is advised by Medical Superintended of
Prison Hospital or the Civil Hospital, concerned. If such an
application is made, the Court shall pass appropriate orders on its
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own merits and in accordance with law. The applicant thereafter,
preferred an application for bail before the Sessions Court,
Malegaon, District Nashik. It is pertinent to note that the said
application was not preferred on medical ground in accordance
with liberty granted by this Court vide order dated 18 th February,
2022. On perusal of order dated 11 th January, 2023 passed by
Sessions Court Malegaon it is apparent that, the only submission
made before the Sessions Court was that the the trial has not
commenced and there is no one to look after the family other than
the accused. The Sessions Court while rejecting the said
application has observed that bail application was rejected on
merits by the High Court vide order dated 21st August, 2020 and
also on medical grounds by the High Court vide order dated 18 th
February, 2022. The Court had issued witness summons to the
prosecution witnesses and the said witnessed were present.
However, at that time accused no.3 sought adjournment.
Thereafter, accused no.3 remained absent and the Court issued
non-bailable warrant as well as notice to his surety. The surety was
present in the Court and produced externment order passed against
accused no.3, which shows that, he was externed for a period of
one year till 24th January, 2023. There was no change in
circumstance.
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10. I have perused the medical case papers tendered by the
learned Counsel for the applicant which indicated that the
treatment is given to the applicant. He was admitted in J.J.
Hospital. Thus appropriate treatment is provided to applicant.
From the order passed by the Sessions Court it is apparent that,
witness summons has been issued. Several cases were registered in
the past against the applicant. Some of them are still pending. I
have perused the judgments of acquittal tendered by the learned
Counsel for the applicant in three cases. It is apparent from the
said judgments of acquittal indicate that the witnesses examined by
the prosecution has not supported the prosecution case, which was
the reason for resulting the case into acquittal. In view of aforesaid
circumstances, no case is made out for grant of bail. However,
considering the fact that the applicant in custody from 24 th July,
2018, the trial can be expedited.
ORDER
i. The Criminal Bail Application No.453 of 2023 is
rejected.
ii. The trial is expedited.
iii. In the event, the trial is not concluded within six
months from the date of receipt of this order, the applicant is
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granted liberty to prefer a fresh application for bail.
iv. The Applicant shall not protract the trial.
v. This order be communicated to the trial Court
immediately.
(PRAKASH D. NAIK, J.)
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