Partly allowed

Sharad Bhalerao Bawiskar and Anr. v. the State of Mah

Bombay HC22 Jun 2012APPLN/2285/2012

Case brief

AI extract

What is this about?

This oral order deals with two bail applications in a dacoity case involving death. The court rejected bail for the first applicant Sharad Bawiskar due to strong evidence and material. Bail was granted to the second applicant Sadashiv Koli based on comparative case law, releasing him on security with specific restrictions.

What did the court decide?

Bail rejected for Sharad Bawiskar; Bail allowed for Sadashiv Koli on RS.25,000 security with conditions.

Sharad Bhalerao Bawiskar and Anr. Vs the State… — Murder and Culpable Homicide | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO.2285/2012

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1] Sharad S/o Bhalerao Bawiskar Age 29 years, Occ-Agril. R/o Chopda, now at Kanchan Nagar, Jalgaon,Tq.Dist.Jalgaon

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2] Sadashiv Baburao Koli Age 34 years, Occ-Agril R/o Shirsad, Tq.Yawal, Dist.Jalgaon/ .. APPLICANTS [ORIG.ACCUSED nos.2 and 4 in jail]

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VERSUS

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1] The State of Maharashtra [Copy to be served on Public Prosecutor, High Court.] .. RESPONDENTS ....

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Mr.S.D.Hiwrekar,Adv.for applicants. Mr.R.P.Phatake,A.P.P. for State.

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CORAM : T.V.NALAWADE,J. DATE : 22nd JUNE 2012.

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ORAL ORDER :

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1] The application is filed for bail. Both sides are heard.

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Papers of investigation were made available.

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2] Crime is registered on the basis of report given by one

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Bhagwan Patil. Complainant is working as watchman with Govardhan Farm Produce Market. One Ravindra Patil is also working as watchman and this place is situated at Wele. The incident took place at 1.30 hrs. of the night. When Bhagwan and Ravindra were sleeping in the premises of the godown, 2-3 persons came there and they started assaulting Bhagwan and Ravindra by using iron pipes. They gave threats to these two persons and they prevented the 2 watchmen from raising shouts and from calling for help. Bhagwan became unconscious and Ravindra was also motionless. On the next day, some persons shifted Bhagwan and Ravindra to the hospital and then report came to be given. After making the assault, the assailants had taken away 7-8 bales of cotton. The papers of investigation show that on the basis of statement given by accused no.1 Sharad, the

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police recovered the vehicle in which the cotton bales were taken away from the godown. The remains of cotton bales were still there in the vehicle when the vehicle was recovered on 8/10/11. The articles like Nylon rope, cutter were also found in the vehicle. The weapons like iron bar and hammer which were used for assaulting complainant and Ravindra came to be recovered on the basis of statement given by Sharad. During the investigation, the clothes of applicant Sharad having blood stains were also recovered. The cotton bales were sold by Sharad to Abdul pinjari and these bales came to be recovered from possession of Abdul Pinjari. The total weight of the cotton bale is said to be 20100 Kg. Thus, the stolen property is recovered on the basis of statement made by Sharad and there is aforesaid material against Sharad. Ravindra succumbed to the injuries which were inflicted to him in the incident and post mortem report shows that incised wounds were caused to Ravindra. There was a fracture of Occipital region and the death took place due to multiple fractures and Hemorrhagic shock. The injury certificate in respect of Bhagwan shows that he sustained so many injuries on head and other

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portion. There was fracture of cervical, ribs, mastoid region of skull. Thus, grievous injuries were caused to Bhagwan and he was fortunate to survive.

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3] In view of these circumstances, this Court holds that it is not possible to grant bail to Applicant no.1 Sharad Bawiskar and his application stands rejected.

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4] So far as applicant no.2 Sadashiv Koli is concerned, it can be said that there is material like recovery of his clothes only. That also does not show that blood stains were found on the clothes. It was submitted that this Court has granted bail to Dilip Sapkale and the case of Dilip cannot be called as different from the case of Sadashiv. This Court is required to accept this contention in view of the record. So this Court holds that bail can be granted to Sadashiv Koli. So application of Sadashiv Koli applicant no.2 is allowed. He is to be released on bail in C.R.No.146/11 registered

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with Chopda City Police Station, Dist.Jalgaon for offences punishable u/s 396, 397 etc. of I.P.C. on his furnishing P.R. and

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S.B. of Rs.25,000/-. He is not to tamper with prosecution

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witnesses and he is not to enter village Wele, Tq. Chopda, Dist.Jalgaon till disposal of the case against him.

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[T.V.NALAWADE,J.]

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umg/criapln2285-12

Sharad Bhalerao Bawiskar and Anr. v. the State of Mah

Case brief

What is this about?

What did the court decide?

Sharad Bhalerao Bawiskar and Anr. v. the State of Mah

Case brief

What is this about?

What did the court decide?

What the court decided

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