Bombay High Court
Pravin S/O Sunil Mutkure vs State Of Maharashtra Thr. Pso, Ps ... on 29 April, 2025
2025:BHC-NAG:4698
934.apeal.172.2025.judgment.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPEAL NO.172 OF 2025
Pravin s/o Sunil Mutkure,
Aged about : 22, Occupation: Labour,
R/o Infront of Railway Station,
Gondia, Railtolli Gondia. ..... APPELLANT
// VERSUS //
1. State of Maharashtra,
through Police Station Officer,
Police Station, Ramnagar,
District Gondia.
2. Rahul Raju Dahat,
Aged about 26 Years,
Occupation : Labour,
Ro. Dindayalward, Ramnagar,
Gondia - 441601. .... RESPONDENTS
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Mr. D. N. Mehta, Counsel for the appellant.
Ms. S. S. Dhote, APP for the respondent No.1 /State.
Ms. V. A. Warade, appointed Counsel for the respondent
No.2.
----------------------------------------
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 29.04.2025
ORAL JUDGMENT :
1. Heard.
2. Admit.
3. By challenging the order dated 29.01.2025 passed by
the learned Special Judge, Gondia in Special Case No.64/2024
934.apeal.172.2025.judgment.odt
below Exh.8, rejecting the application of the present appellant for
grant of bail. The present appeal preferred by the appellant.
4. The appellant is arraigned as an accused in connection
with Crime No.354/2023 which is registered on the basis of report
lodged by Rahul Raju Dahat on an allegation that he along with his
friend Arpit were proceeding on his motorcycle on 12.11.2023 at
about 9.30 p.m. and they reached Pal Chowk to Gurudwara Road
on 11.05 p.m., at that time three persons came on motorcycle, who
gave a cut to their vehicle, and therefore, Arpit got annoyed and
shouted on them. At the relevant time, the co-accused Ankaj has
picked up the piece of the tile and thrown, which hit the leg of the
informant. Thereafter, the present appellant assaulted him by
means of fist and kick blows and when Ankaj and the present
appellant assaulted him, at that time present appellant and the
other co-accused Ankaj hold Arpit and the other co-accused
Waghmare has given a blow of knife on the neck and abdomen of
the said Arpit, due to which, Arpit sustained the grievous injuries
and subsequently succumbed to the death. On the basis of the said
report, police have registered the crime against the present
appellant.
5. Heard learned Counsel for the appellant, who submitted
that as far as the role of the present appellant is concerned, which
is only to the extent of assault by fist and kick blows and holding
934.apeal.172.2025.judgment.odt
the deceased. As far as the knowledge of the appellant that the
other co-accused is having a knife along with him, nowhere
disclosed from the statement of the witnesses. Considering the role
of the present appellant, he has not caused the death of the
deceased. Now the investigation is already completed,
charge-sheet is filed and further incarceration of the present
appellant is not required. Moreover, there is not statement that the
present appellant was knowing that the deceased belongs to the
Scheduled Caste or Scheduled Tribe, and therefore, the provisions
of the Atrocities Act are not applicable against the present
appellant.
6. Learned APP strongly opposed the said appeal and
submitted that as the present appellant has hold the deceased, and
therefore, the other co-accused could execute the act of giving the
blow on his neck and the abdomen, and therefore, the role of the
present appellant is vital a role, and therefore, the appeal deserves
to be dismissed. The similar contention is raised by the learned
appointed Counsel for the respondent No.2.
7. After hearing both sides and on perusal of the
investigation papers, admittedly, the role attributed to the present
appellant is only to the extent of assault by fist and kick blows and
holding the deceased. Whether the present appellant was having
knowledge that the other co-accused was carrying the knife along
934.apeal.172.2025.judgment.odt
with him is a matter of evidence. At this stage, the entire
statements of the witnesses disclose that the only role attributed to
the present appellant is to the extent of assault by fist and kick
blows. Now the investigation is already completed, charge-sheet is
filed and further incarceration of the present appellant is not
required. In view of that the appellant has made out a case for
grant of bail. Accordingly, I proceed to pass following order:
ORDER
(i) The appeal is allowed.
(ii) The order passed by the learned Special Judge dated
29.01.2025 below Exh.8 in Special Case No.64/2024,
rejecting the bail application of the present appellant is
hereby quashed and set aside.
(iii) The appellant Pravin s/o Sunil Mutkure shall be
released on bail in connection with Crime No.354/2023
registered with Ramnagar Police Station, District Gondia for
the offence punishable under Sections 324, 323 and 302 read
with Section 34 of the Indian Penal Code and under Sections
3(2)(v) of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act on executing PR Bond in the sum
of Rs.25,000/- with one solvent surety in the like amount.
(iv) The appellant shall not enter into the vicinity of
Ramnagar, Gondia, till the culmination of trial.
(v) The appellant shall attend the proceeding before the
Special Court without seeking any exemption unless there are
exceptional circumstances.
(vi) The appellant shall not induce, threat or promise any
witnesses who are acquainted with the facts of the case.
The fees of the appointed Counsel be quantified as per rules.
934.apeal.172.2025.judgment.odt
The appeal is disposed of.
(URMILA JOSHI-PHALKE, J.)
Sarkate.
Signed by: Mr. A.R. Sarkate
Designation: PA To Honourable Judge
Date: 05/05/2025 18:52:44
