Bombay High Court
Nitin Bhima Patel @ Pado vs State Of Maharashtra And Anr on 2 February, 2023
Bench: S. V. Kotwal
1 of 5 3-ia-403-23
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 403 OF 2023
IN
CRIMINAL APPEAL NO. 101 OF 2023
Nitin Bhima Patel @ Pado ..Applicant
Versus
The State of Maharashtra & Anr. ..Respondents
__________
Mr. N. M. Nadar for Applicant.
Smt. M. R. Tidke, APP for State/Respondent No.1.
Mr. Aayush Kedia i/b. H. S. Venegavkar for Respondent No.2.
__________
CORAM : SARANG V. KOTWAL, J.
DATE : 2 FEBRUARY 2023
PC :
1. This is an application for bail pending final disposal of
the Appeal preferred by the Applicant. The applicant was convicted
and sentenced by learned Sessions Judge, Daman vide his
Judgment and order dated 16/01/2023 passed in Sessions Case
No.14 of 2020. The Applicant was convicted for commission of
offence punishable U/s.186 of the I.P.C. and was sentenced to
undergo R.I. for three months and to pay a fine of Rs.300/- and in
default of payment of fine to undergo R.I. for 15 days. He was
Digitally
VINOD
signed by
VINOD
BHASKAR
further convicted for commission of offence punishable U/s.353 of
BHASKAR GOKHALE
GOKHALE Date:
2023.02.03
14:06:21
+0530 Gokhale
2 of 5 3-ia-403-23
the I.P.C. and was sentenced to undergo R.I. for two years and to
pay a fine of Rs.2000/- and in default of payment of fine, to
undergo R.I. for 2 months. He was also convicted for commission
of offence punishable U/s.307 of the I.P.C. and was sentenced to
undergo R.I. for four years and to pay a fine of Rs.4000/- and in
default of payment of fine to undergo R.I. for six months.
2. The prosecution case is that, on 28/02/2018, at about
1.50a.m. the police officers i.e. A.S.I. Pravin Mahyavanshi and the
Head Constable Nimesh Ahir were on patrolling duty at Moti
Daman. At about 1.50a.m. the applicant came in his car from Nani
Daman. The informant A.S.I. Pravin Mahyavanshi signaled him to
stop. He did not stop immediately but stopped after crossing the
informant. He got down from his car and gave abuses to the
informant. Thereafter the appellant went ahead in his car and
came back after taking U turn and speedily drove the car towards
the patrolling party. It is alleged that, he dashed into the informant
because of which he fell on the ground. On these allegations the
F.I.R. was lodged and the investigation was carried out.
3 of 5 3-ia-403-23
3. Learned counsel for the Appellant submitted that the
appellant was on bail during trial. He has not misused that liberty.
He submitted that the incident is not true and the police have
implicated him falsely because of grudge. There is nothing to fix
the identity of the offender. It was night time. There is nothing to
show that there was sufficient light. He further submitted that the
police officer has no reason to involve the applicant. According to
him, the injuries suffered by the first informant were not possible if
a car dashed into him in a speed.
4. Learned Special P. P. opposed these submissions. He
submitted that, according to the instructions, the applicant has
other antecedents. The incident is captured in CCTV footage which
was produced on record. The certificate U/s.65B of the Indian
Evidence Act was also produced. The incident clearly shows that a
car came back in a speed towards the patrolling party and,
therefore, the offence is made out.
5. I have considered these submissions. Since the incident
is captured in the CCTV footage, there is some substance in the
4 of 5 3-ia-403-23
prosecution case. However, the medical evidence in the form of
evidence of PW-1 Dr. Thakur shows that the first informant had
suffered small abrasion on the knee of the size 2cm x 1cm. This is
absolutely a minor injury and it is difficult to believe that this
injury could be caused by a speeding vehicle's impact on the first
informant. All these issues will have to be considered at the final
hearing stage of the appeal. The sentence imposed is short. The
Appeal is not likely to be decided within that period. Therefore,
though I am inclined to grant bail to the applicant pending his
Appeal, I am also inclined to impose certain conditions on him
considering the nature of offence.
6. Hence, the following order:
ORDER
i) During pendency and final disposal of Criminal
Appeal No.101 of 2023, the Applicant is directed
to be released on bail on his furnishing P. R. bond
in the sum of Rs.30000/- with one or two sureties
in the like amount.
5 of 5 3-ia-403-23
ii) The Applicant shall report to the concerned police
station once in a fortnight for a period of one year
from today.
iii)The Application is disposed of.
(SARANG V. KOTWAL, J.)
