Allowed

Vijay Eknath Karale v. the State of Mah

Bombay HC4 Oct 2012APPLN/3340/2012

Case brief

AI extract

What is this about?

Application for bail in a murder case where the applicant was part of a mob attack. The court granted bail, ruling that the applicant's circumstances were identical to three other accused previously released, noting the sword seized was not blood-stained.

What did the court decide?

The applicant Vijay Eknath Karale is released on bail upon execution of P.R. Bond and furnishing surety in the amount of Rs. 20,000/- with specified conditions regarding residence and attendance.

Vijay Eknath Karale Vs the State of Mah — Bail and Remand | Bombay HC (2012)

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Cri.Appln.No.3340 of 2012

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

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CRIMINAL APPLICATION NO.3340 OF 2012

Vijay Eknath Karale

..Applicant

Versus

The State of Maharashtra

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..Respondent

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Mr R.N.Dhorde, Senior Counsel i/b Mr N.V.Gaware, Advocate for applicant Mr R.P.Phatke, A.P.P. for respondent

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CORAM : M.T. JOSHI, J.

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DATE : 4th October 2012

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PER COURT

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Heard both sides.

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The present applicant, who is arrested in Crime No. 302/2009, registered with Kotwali Police Station, District Ahmednagar, for the offences punishable under Section 302, 201, 120-B, 464, 474 read with sec.34 of Indian Penal Code, is praying for his release on bail.

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The charge-sheet is already filed and the case is also committed to the sessions trial bearing Sessions Case No. 357/2011.

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Cri.Appln.No.3340 of 2012

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The allegation so far as the present applicant is concerned is that while one Sachin, Amol and their father Bhanudas Kotkar came by a Scorpio van, some other youths came by Maruti van. Bhanudas Kotkar and his sons were having swords in their hands. All of them were pricking the point of the sword over the back of deceased Ashok. While Ashok was lying on the ground, the mob was beating him with kicks and fists.

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The learned Counsel for the applicant submits that the present applicant is not named in the first information report. Further, no specific role is assigned to him anywhere by any of the witnesses. The present applicant is identified as one of the members of the mob and the assailants by the witnesses, including Shankarrao Raut. The supplementary statement of said Shankarrao Raut dated 22.3.2012 alleges that the present applicant Vijay Karale along with Santosh Kotkar, Anil Pansambal, Sachin Satpute had joined the mob and all of them had beaten deceased Ashok. It was, however, submitted that all the three above named persons are released by this Court finding that the charge-sheet is already filed, in Criminal Application No.1875 of 2012 vide order dated 19.7.2012 and in Criminal Application No. 901 of 2012 and Criminal Application No.902 of 2012 vide order dated 19.4.2012.

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Cri.Appln.No.3340 of 2012

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The learned Assistant Public Prosecutor, however, opposed the application. He submits that a sword is seized from the custody of the present applicant. It would go to show that so far as the present applicant is concerned, he had in fact assaulted the deceased with sword and as such there being no parity with the cases of other three persons, named above, the present applicant cannot be released on bail.

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As pointed out, the supplementary statement of Shankarrao Raut would show that the present applicant along with three named persons has beaten the deceased. There is no specific statement that the present applicant had assaulted the deceased with any sword. Further, both the sides, including the learned Counsel assisting the Assistant Public Prosecutor agree that the sword, which is alleged to have been seized from the present applicant was not stained with any blood and as such, there was no question of referring the same for chemical analysis.

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Considering all these facts and having parity in the case of the present applicant with the cases of three above named accused, in my view the present applicant also deserves to be released on bail, on the same terms and conditions, as imposed in the order passed in Criminal Application No.1875 of 2012. Hence

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Cri.Appln.No.3340 of 2012

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the following order.

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The applicant Vijay Eknath Karale, be released on bail in Crime No.302/2009 registered at Kotwali Police Station, District Ahmednagar for the offences punishable under Section 302, 201, 120-B, 464, 474 read with sec.34 of Indian Penal Code, upon his execution of P.R.Bond in the amount of Rs.20,000/- and also upon his furnishing surety in the like amount.

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There will be condition against Vijay Eknath Karale that he should not reside within the jurisdiction of Ahmednagar District though he can enter Ahmednagar only for attending the case. He should give his address within 15 days from the date of his release to concerned Police Station and he should also give his contact phone number/mobile number. He is not to tamper prosecution witnesses and he is not to commit similar offence. He should attend all the dates fixed in Sessions Court. He should surrender the passport, if he has obtained the passport.

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( M.T. JOSHI, J. )

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(vvr/3340.12criappln)

Vijay Eknath Karale v. the State of Mah

Case brief

What is this about?

What did the court decide?

Vijay Eknath Karale v. the State of Mah

Case brief

What is this about?

What did the court decide?

What the court decided

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