Allowed

Pandurang Kashiba Divase v. the State of Maharashtra

Bombay HC22 Feb 2013APPLN/541/2013

Case brief

AI extract

What is this about?

Criminal Court allowed bail to an applicant charged jointly in a murder case. The Court distinguished between the majority and the applicant's individual acts, noting lack of evidence regarding a common murderous object or weapon usage.

What did the court decide?

Applicant released on bail with sureties on furnishing a bond of Rs. 1,00,000 subject to strict conditions of non-entry into the village, reporting to police, and refraining from interfering with witn

Pandurang Kashiba Divase Vs the State of… — Murder and Culpable Homicide | Bombay HC (2013)

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cra541.13

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO.541 OF 2013

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Pandurang s/o Kashiba Divase,
Age-60 years, Occu:Agri/Labour,
R/o-Indiranagar, Sarsam,
Tq-hinayatnagar, Dist-Nanded.
(At present in jail).

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...APPLICANT

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 VERSUS

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The State of Maharashtra,
Through Police Station
Himayatnagar, Dist-Nanded.

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...RESPONDENT

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 ...
 Shri.Gajanan G. Kadam Advocate for Applicant.
 Shri.K.M. Suryawanshi, A.P.P. for Respondent.

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...

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CORAM: P.D. KODE, J.

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 DATE : 22ND FEBRUARY, 2013

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ORAL ORDER :

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1. By this Application the Applicant charge-

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sheeted by Himayatnagar Police Station for
commission of offence under Sections 302, 147,

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148, 149, 504 read with 34 of the Indian Penal
Code, has prayed for bail.

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2.The said charge-sheet has emerged out of
investigation of Crime No.51 of 2012 registered
with the said police station upon the first
information report lodged by one Dashrath Ramesh
Chavan on 10th May, 2012 regarding an incident
occurred on the same day at about 7.30 a.m., in
which the members of an unlawful assembly, of
which the Applicant is said to be one of the
member, had committed murder of his brother
Santosh and so also assaulted the first informant.

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3.The prayer for bail is opposed by the

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learned A.P.P. on the count of involvement of the
Applicant in offences for which he is charge-

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sheeted, is borne from the material collected
during the investigation, which is comprised of
first information report and the statement of four
eye witnesses, namely, Balaji Shinde, Lalbaji

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Gaikwad, Kamalbai More and Taibai Kshirsagar. It
is contended that there is consistency regarding

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the role played by the Applicant as stated in the
First Information Report and the material
contained in the said statements of four
witnesses. It is urged that occurrence of such an
incident early in the morning in the village
resulting into death of one person, itself dis-
entitles the bail to the Applicant.

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4.Mr. Gajanan Kadam, learned counsel for

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the Applicant has pressed the prayer for bail
mainly on the ground of parity, by drawing
attention to the orders dated 24/7/2012 and
25/10/2012 passed by this Court. It is urged that
the co-accused, namely, Archanabai Nagorao Divse
and Nagorao Pandurang Divse, similarly placed like
the Applicant, have been already released on bail
and there is no worthy reason for denying bail to

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the Applicant. Upon specific query made to the
learned counsel for the Applicant regarding the

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reasons for which the co-accused were granted
bail, it is urged that the same was granted as
charge-sheet has been filed and the said
Applicants were not the authors of the injuries
caused to the deceased.

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5.It is difficult to accept that for such
reasons the prayer for bail made by the Applicant
can be considered in view of himself being also
charge-sheeted for offence under Section 149 of
the Indian Penal Code.

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6.However, perusal of first information

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report and so also the material in the statements
of said four eye witnesses, prima facie reveal
that even accepting that there was an unlawful
assembly on the relevant date, it is difficult to
prima facie accept that each of the member was
entertaining in common object of committing the
murder of the deceased. The same is apparent as
the said material considered even prima facie,

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does not reveal that the other members were
entertaining common object other than assaulting
the deceased and/or anybody intervening in said
assault. The said material prima facie does not
reveal that the Applicant was armed with a weapon.
It further also does not reveal that the Applicant
had assaulted the deceased after the main
assailant had given a knife blow on the chest of
the deceased. On the contrary the same reveals
that act of assault committed by Applicant was
prior to said event.

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7.Having regard to the same, prima facie
there appears substance in the submission of
learned counsel for the Applicant that the member
of unlawful assembly cannot be held liable for act
individually committed by another member of
assembly. In view of the same, the prayer for bail
deserves consideration. However, having due regard

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to the circumstances pointed out by learned
A.P.P., it appears to impose certain conditions

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cra541.13

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and insisting strict compliance of the same.
Hence the order:

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8.The Applicant is directed to be released
on bail in connection with Crime No.51 of 2012, on
furnishing P.R. Bond in the sum of Rs.1,00,000/-
(Rupees One Lakh only) with one or more sureties

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to make up the like amount and subject to
conditions that the Applicant after his release:

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(i) shall stay outside village Sarsam, Tq-
Himayatnagar, Dist-Nanded, until further orders.

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(ii) shall inform his place of abode to the
Investigating Officer and shall attend the local
police station within whose jurisdiction he would
be residing, on every Monday for a period of two
months and thereafter on every first Monday of a
month until further orders.

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(iii) shall not indulge in any activity of
threatening the prosecution witnesses and/or
indulge in any activity hampering the progress of
the trial.

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cra541.13

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(iv) shall not commit any offence while on bail.

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9.The Application stands disposed of in

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above terms.

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 [P.D. KODE,J.]

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asb/FEB13

Pandurang Kashiba Divase v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Pandurang Kashiba Divase v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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