[Cites 6, Cited by 0]
Bombay High Court
Dipak Shaligram Dhoke ( In Jail) vs State Of Maharashtra Thr Pso, Ps ... on 14 January, 2026
2026:BHC-NAG:573
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPEAL NO. 550 OF 2025
Dipak S/o. Shaligram Dhoke,
Aged about 23 years, Occ. - Agriculturist,
R/o. Ganeshpur, Tq. Khamgaon and
Dist. Buldhana. ... APPELLANT
...VERSUS...
1. State of Maharashtra,
Through P.S.O., Hiwarkhed,
Tq. Khamgaon and Dist. Buldhana.
2. Vitthal s/o. Dhondu Chavhan,
Aged about 44 years,
R/o. Hiwarkhed, Tq. Khamgaon,
Dist. Buldhana. ...RESPONDENTS
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Mr. V. R. Deshpande., Advocate for Appellant.
Mr. U. R. Phasate, A.P.P. for Respondent/State.
Mr. Shoeb Khan, Advocate (Appointed) for Respondent No.2.
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CORAM : NEERAJ P. DHOTE, J.
DATE : 14.01.2026.
ORAL JUDGMENT :
1. Heard the learned Advocate for the Appellant, the learned
A.P.P. for the State and the learned Advocate for the Respondent
No.2 - Victim.
2. Admit.
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3. This is an Appeal under Section 14-A of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
(for short hereinafter referred to as 'SC and ST Act') for regular bail in
Crime No.216/2024 registered with Police Station, Hiwarkhed, District
Buldhana for the offences punishable under Section 302, 201, 120-B
read with Section 34 of the Indian Penal Code, 1860 (for short, 'IPC')
and for the offences punishable under Sections 3(2)(v), 3(2)(va) of the
SC and St Act.
4. The prosecution case as seen from the order dated
22.07.2025 passed by this Court in Criminal Appeal No.248/2025
preferred by the co-accused Atul Gangaram Kokare is as under.
Paragraph No.4 of the said order is reproduced below :
"4. The crime is registered on the basis of report lodged
by Vitthal Dhondu Chavhan, who is the Police Officer on
an allegation that the missing report was filed by the wife
of deceased Savita Nandu Dhandre on 18.10.2022. During
inquiry of the said missing report, it revealed to him that
there was an illicit relationship between the wife of
brother of the Nandu Dhandre and the present appellant
and another co-accused also had an illicit relationship
with the said lady. This fact was known to the deceased
Nandu Dhandre and on that count, he is eliminated by the
present appellant and the other co-accused. Therefore,
they were taken into custody. On the basis of the report,
police have registered the crime against the present
3 32cr.appeal.550.25-J.odt
appellant."
5. The case is based on the circumstantial evidence. The
circumstance against the Appellant is that, the skeleton of the deceased
was discovered/recovered at the instance of this Appellant from the
field of the co-accused Atul Gangaram Kokare, who has been granted
bail by this Court by the above referred Order. From the papers on
record, it is seen that, the role attributed to the present Appellant is for
the offence punishable under Section 201 of the IPC (causing
disappearance of evidence of offence). The co-accused Atul Gangaram
Kokare at the instance of whom the weapon was discovered/recovered,
has been granted bail by this Court in the above referred Appeal. This
indicate that the Appellant stands on better footing than the said
Appellant - Atul Gangaram Kokare, if not at least on the same footage.
The investigation is over and the charge-sheet is filed. In this view of
the matter, I proceed to pass the following order :
(i) The Appeal is allowed.
(ii) The Order passed by the learned Additional Sessions
Judge, Khamgaon in Special Case No.02/2025 dated
09.09.2025, is hereby quashed and set aside.
(iii) The Appellant Dipak s/o. Shaligram Dhoke be released
on bail in connection with Crime No.216/2024
registered with Police Station Hiwarkhed, District
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Buldhana, for the offence punishable under Sections
302, 201 and 120-B- read with Section 34 of the Indian
Penal Code and under Sections 3(2)(v) and 3(2)(va) of
the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989, on executing PR
bond of Rs.25,000/- with one solvent surety in the like
amount.
(iv) The Appellant shall not enter the village Ganeshpur, till
culmination of the trial.
(v) The Appellant shall attend the proceedings before the
trial 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.
(vii) The fees of the appointed Counsel be quantified as per
rules.
(viii) The Appeal stands disposed of.
(NEERAJ P. DHOTE, J.)
RGurnule
Signed by: Mrs. R.M. MANDADE
Designation: PA To Honourable Judge
Date: 16/01/2026 10:49:37
