Bombay High Court
Manish Banduji Bharti In Jail vs The State Of Maharashtra Thr Pso Ps ... on 4 April, 2025
2025:BHC-NAG:3781
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPEAL NO. 56 OF 2025
APPELLANT Manish Banduji Bharati,
Aged 39 years, Occu: Private,
R/o Ambada, Ramtek, Tq. Ramtek,
District Nagpur (Presently at Central
Prison, Nagpur).
-VERSUS-
RESPONDENTS 1. The State of Maharashtra, through
Police Station Officer, Police Station
Ramtek, District Nagpur.
2. Vishwanath s/o Govardhan Khobragade,
Aged 51 Years, R/o Ward No.2, Sitapur
(Deolapur), Tahsil Ramtek, District
Nagpur.
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Mr. R.M.Daga, counsel for appellant.
Mr. D.V. Chauhan, Senior Counsel (Public Prosecutor) with Mr.
C.A. Lokhande, APP for respondent/State.
Mr. Piyush Tidke, counsel h/f for Mr. A.R. Fule, counsel for
respondent No.2.
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CORAM : URMILA JOSHI-PHALKE, J.
DATE : 04/04/2025
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ORAL JUDGMENT :
1. Heard.
2. Admit. Heard finally with the consent of learned
counsels appearing for the parties.
3. By preferring this appeal, the appellant has
challenged the order passed by the Additional Sessions Judge-14
and Special Judge, Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, Nagpur, dated 09/01/2025, by
which the application of the present appellant for grant of bail is
rejected.
4. The appellant came to be arrested on 26/11/2023.
The accusation against the present appellant is on the basis of a
report lodged by informant Vishwanath Khobragade, alleging that
the deceased Vivek is his son, and on 25/11/2023, at about 7.00
p.m. the deceased, along with his friend Faizan Khan, went to see
the procession at Ramtek on motorcycle. On 26/11/2023 at about
6.00 p.m., when the informant returned home after attending
duty, he saw that his son was not in a position to walk properly
and was shivering and limping. On inquiry with his son, his son
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disclosed that he has been assaulted by some persons at Ramtek,
and he is unable to speak and stand properly. Immediately, the
informant took him to the hospital however, the medical officer
disclosed that the deceased was brought dead. Therefore, the
informant approached the Police Station and lodged the report.
After making an inquiry with Faizan Khan, it was revealed to the
informant that on 25/11/2023, there was a scuffle between the
present appellant and other co-accused, and the present appellant
and the other co-accused assaulted him by means of fist and kick
blows, due to which he sustained the injuries that resulted into his
death.
5. Learned counsel Mr. R.M. Daga, for the appellant
submitted that the other co-accused are already released on bail.
The only role attributed to the present appellant was the assault by
fist and kick blows. As far as the nature of the incident is
concerned, which happened suddenly, there was no intention to
cause death, as two motorcycles dashed against each other and
there was a hot exchange of words between them, and out of that,
the deceased was assaulted, which resulted into his death.
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6. Learned Public Prosecutor strongly opposed for the
same and submitted that the deceased was assaulted mercilessly
and his death is due to injury to a visceral organ in the abdomen,
i.e., spleen injury. In view of the prima-facie material against the
present appellant, he prays for rejection of the appeal.
7. After hearing both sides and on perusal of the
investigation papers, it reveals that during the sudden quarrel
between the present appellant and the deceased, the deceased was
assaulted by the present appellant and the other co-accused with
fist and kick blows. Admittedly, the incident occurred due to the
dash between the two vehicles. Admittedly, no weapon is used by
the present appellant with the similar role, and the other
co-accused is already released on bail by this Court. The
investigation is already completed and trial is not commenced
Considering the nature of the incident and the only allegation as to
the assault by fist and kick blows, the appellant has made out a
case. In view of that, the appeal deserves to be allowed.
Accordingly, I proceed to pass the following order:
a] The appeal is allowed.
b] The order passed by the Additional Sessions
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Judge-14 and Special Judge, Scheduled Caste and
Scheudled Tribes (Prevention of Atrocities) Act,
Nagpur, rejecting the application is hereby quashed
and set aside.
c] The appellant - Manish Banduji Bharati, shall be
released on bail in connection with crime No.
877/2023 registered with Police Station Ramtek,
District Nagpur for the offence punishable under
Sections 302, 307, 201, 341, 323, 504, 506, 143,
147, 149 of the Indian Penal Code, 1860 and under
Sections 3(2)(v), 3(2)(va), 3(1)(r) and 3(1)(s) of
the Scheduled Caste and Scheduled Tribes
(Prevention of Atrocities) Act, on executing P.R.
Bond of Rs. 25,000/- with one solvent surety in the
like amount.
d] The appellant shall not induce, threat or promise
any witnesses who are acquainted with the facts of
the case either personally or by way of electronic
media.
e] The appellant shall attend the proceedings before
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the Special Court regularly without seeking any
exemption unless there are exceptional
circumstances.
f] The contravention of any of the conditions would
lead his cancellation of bail.
8. The criminal appeal is disposed of.
[URMILA JOSHI-PHALKE, J.]
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