Bombay High Court
Sheikh Parvez S/O. Sheikh Rashid vs State Of Mah. Thr. Ps Wardha on 24 January, 2024
2024:BHC-NAG:1123
1 appeal 530.2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPEAL NO. 530 OF 2023
APPELLANT: Sheikh Parvez s/o Sheikh Rashid (In Jail)
Age 29 years, R/o Behind Zakir Hussain
Colony Tarfail Ward No.25,
District Wardha.
...V E R S U S...
RESPONDENTS 1] State of Maharashtra,
through Police Station Officer,
Police Station, Wardha.
District Wardha.
2] Anil Dilip Hatagade,
R/o Ashoknagar Ward No.28,
Tarfail, Wardha.
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Mr. Inamul Haque, counsel for appellant.
Mrs. Sneha Dhote, APP for respondent No.1.
Mr. S.K. Bhoyar, counsel for respondent No.2.
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CORAM : URMILA JOSHI-PHALKE, J.
DATE : 24/01/2024
ORAL JUDGMENT :
1. Heard. Admit.
2. Heard finally with the consent of the learned
counsel appearing for the parties.
3. By preferring this appeal, the appellant has
challenged the order passed by the Additional Sessions
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Judge, Wardha, in Criminal Bail Application No.278/2023
dated 23/06/2023 by which the bail application filed by the
applicant was rejected.
4. Heard learned counsel for the appellant, learned
APP for the State, and learned counsel for respondent No.2. I
have gone through the record and the charge-sheet. The
appeal is filed under Section 14(A) of the Scheduled Caste
and Scheduled Tribes (Prevention of Atrocities) Act, 1989
(for short 'the Act of 1989'). As per the allegation of the
prosecution, deceased Sunil, the nephew of respondent No.2
i.e. original complainant, Anil Hatagade which shows that
there was an illicit relationship between one Tyba Rahsid
Sheikh and the deceased Sunil Dilip Hatagade, present
applicant was residing in the said lane, and the applicant
used to threaten the deceased that he would see how he
would continue the relationship with the said Tayba Rashid
Shaikh. On 24/10/2018, the deceased was taken by the
present applicant in his vehicle, and he did not returned
back. It has been specifically alleged that on 24/10/2018
Sonu Anant Shende came to his house and informed him that
deceased Sunil Hatagade had left the place along with the
present applicant in his Bolero car. On getting this
information, Anand Hatagade tried to locate and search for
the deceased; however, he could not locate the deceased. The
missing report also shows that he tried to make a phone call
on the cell phone of the deceased; however, his efforts gone
3 appeal 530.2023.odt
invain.
5. During the inquiry into the missing report, the
police authority received a clue that the deceased went in the
Bolero car of the appellant, and therefore, they searched the
present appellant, and the appellant was found residing at
Gujrat. Therefore, the police authorities apprehended the
appellant and his friend, namely Sheikh Mobin.The appellant
has shown the place where the dead body of the deceased
was shown; in the meantime, respondent No. 2 has lodged
the first information report on 01/11/2018. The recovery of
the dead body would show that the place where the dead
body of the deceased was thrown was a place normally not
accessible to anybody. The deceased was last seen with the
present appellant. Prima-facie substance was found by the
investigating agency. Thereafter, the memorandum statement
of the present appellant was recorded under Section 27 of the
Indian Penal Code.
6. In view of the said statement, the dead body of
the deceased was found in a completely decomposed
condition. It was sent to the Post Mortem. The exact opinion
could not be obtained; however, Column No. 17 of the Post-
Mortem shows that there were injuries of size 56 cm x 14 cm
and 16 cm x 10 cm x 6 cm, which shows the deceased was
assaulted brutally and which resulted in his death. The
charge-sheet also points out that there is a recovery of a knife
4 appeal 530.2023.odt
which was used for the commission of the crime at the behest
of the present appellant. On this count, the earlier bail
application of the present appellant was rejected, and the
appeal filed against the said order was also dismissed by this
Court.
7. The learned counsel for the appellant submitted
that since the date of arrest, the appellant is behind bar.
There is no progress in the trial. Thus, there is change in
circumstances and in view of that, the appellant be released
on bail.
8. Per contra, the learned APP strongly opposed the
present appeal on the ground that the prima-facie material
sufficiently shows the involvement of the present appellant in
the alleged offence. This Court has earlier observed that in
what manner the deceased was eliminated by the present
appellant. Thus, prima facie evidence is there to connect with
the alleged offence. The appellant was found in Gujarat after
the incident. If he is released on bail, he would not be
available for trial, and the trial would be held up.
9. The learned counsel for the informant also
reiterated the said contentions and endorsed that the
appellant was found in Gujarat after the incident. There is
every apprehension that if he is released on bail, he would
not be available for trial. He further submitted that, now trial
is already commenced therefore, the application deserves to
5 appeal 530.2023.odt
be rejected.
10. I have perused the order passed by the learned
trial court, in which it is observed that there is no change in
circumstances to enter the present bail application; only
change in circumstances pointed out that the delay in trial
and the sickness of the mother of the applicant. The learned
trial court earlier observed that, no doubt, there is a delay in
this matter; however, it appears that after the case against the
juvenile in conflict with law was filed before the Board, the
Juvenile Justice Board, in the meanwhile sent the case to try
him as an adult. Therefore, there is some delay due to the
procedural aspect. Now the charge-sheet against the child in
conflict with law is also forwarded to this Court by the
Juvenile Justice Board, therefore, there is no hurdle to start
the trial.
11. Prima-facie, there is material on record to show
that deceased was having love affair with the sister of the
present accused. The accused has taken the deceased along
with him and thereafter, the deceased was not seen alive. The
dead body of the deceased was recovered at the instance of
the present appellant.
12. Thus, from the order of the learned trial Court it
reveals that there is a prima-facie material against the present
appellant. I have also perused the order passed by this Court
in Criminal Appeal No. 42/2020 wherein also, the Division
6 appeal 530.2023.odt
Bench of this Court has observed that at the instance of the
present appellant, the place where the dead body of the
deceased was found. The dead body of the deceased was
also discovered at the instance of the present appellant.
13. It is further observed that in a Post Mortem
Report, the injuries are shown to be 56 cm x 14 cm and 16
cm x 10 cm x 6 cm. which is sufficient to show how brutally
the deceased was eliminated. The charge-sheet also points
out that there is a recovery of a knife which was used for the
commission of the crime at the behest of the appellant. Thus,
considering the prima-facie material, the earlier appeal was
dismissed by this Court.
14. Considering the observation of the learned trial
Court the delay is due to the procedural aspect, and now
there is no hurdle in commencing the trial. The learned
counsel for respondent No.2 placed on record the Roznama
which shows that already, the case is fixed for recording the
evidence, and the next day of hearing is kept on 10/02/2020.
Considering the prima-facie material against the present
appellant, the nature and circumstances under which the
alleged incident has taken place and the manner in which the
deceased was eliminated, it is sufficient to show that the
prima-facie material is against the present appellant.
Therefore, the appeal is devoid of merit. I do not find any
error in the order passed by the learned trial Court.
7 appeal 530.2023.odt
15. In view of that, criminal appeal deserves to be
dismissed. Accordingly, I proceed to pass following order:
The criminal appeal is dismissed.
[URMILA JOSHI-PHALKE, J.]
rkn
Signed by: Mr. R.K. NANDURKAR
Designation: PA To Honourable Judge
Date: 30/01/2024 10:32:26
