Allowed

Anandrao Hari Desai (Intervener) v. the State of Maharashtra

Bombay HC22 Aug 2014APPP/555/2014

Case brief

AI extract

What is this about?

The Criminal Appellate Court adjudicated a bail application filed by two accused persons charged under IPC Section 307 and related sections for a fatal assault. The court granted bail to one applicant based on the principle of parity with a previous co-accused's conviction while rejecting bail for the second applicant due to a more serious specific role attributed to him.

What did the court decide?

Bail allowed for Anil Narayan Desai on furnishing P.R. Bond of Rs.25,000 with one or two sureties aggregating Rs.25,000. Application for bail for Balaso Ganpati Gurav rejected.

Anandrao Hari Desai (Intervener) Vs the State of… — Murder and Culpable Homicide | Bombay HC (2014)

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910 BA 1754-G OF 2014

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vks

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1754 OF 2014 WITH CRIMINAL APPLICATIONNO.555 OF 2014 IN CRIMINAL BAIL APPLICATION NO.1754 OF 2014.

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Anil Narayan Desai

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Balaso Ganpati Gurav .. Applicants. V/s. The State of Maharashtra .. Respondent.

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and

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Anandrao Hari Desai .. Intervener.

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Mr. Niranjan Mundargi i/by Mr. Anand Shivaji Patil, for the Applicants.

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Smt. A. A. Mane, APP for the respondent State. Mr. Shekhar Ingawale, for the

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applicant/intervener in application NO.555 of 2014.

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CORAM : MRS. MRIDULA BHATKAR, J.

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DATE : 22^nd August, 2014

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P.C.

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Application is moved for bail as the

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applicants are facing charges in an offence

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under Sections 307, 143, 147, 148, 149 of the

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Indian Penal Code and under Section 37(1)(3)

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and 135 of the Maharashtra Police Act,

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Page No.1 of 6

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910 BA 1754-G OF 2014

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registered at Bhudargad, District:Kolhapur,

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under C.R.No.12 of 2014. One Anandrao Hari

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Desai is complainant. The incident of assault has taken on 18.2.2013 at around 8.30 at village Shailoli, Taluka: Bhudargad, District: Kolhapur near the resident of complainant. The applicant accused alongwith the co-accused arrived there and questioned why there was no

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water to the tap and then started assaulting

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with fists-blows and kicks and thereafter the accused persons came alongwith sticks and wooden log. They assaulted Ashiwn s/o the complainant and his associates with sticks. The persons got injured were shifted to the hospital. In that assault Ashwin succumbed to

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the head injury. Thereafter offence of 302 of IPC was registered.

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The learned counsel for the applicants

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has submitted that this application is

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preferred by one Anil Narayan Desai and

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Balasaheb Ganpati Gurav, only on the basis of

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Page No.2 of 6

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910 BA 1754-G OF 2014

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parity as this Court by order dated 15^th July, 2014, granted bail to Ashok Raghunath Dessai and Rajendra Desai. The learned counsel further pointed out that as per F.I.R. dated 19.2.2014, Anil Desai gave blow of weapon like

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on the head of Arun Yeshwant Desai and he had sustained simple injury. The other accused Balasaheb Ganpati Gurav gave blow of wooden log on the head of Eknath and also to his hand. However, he has sustained simple injuries. He submitted that the role attributed to the co-accused Ashok Desai and Rajendra Desai as mentioned in the order in Criminal Bail Application No.1248 of 2014 dated 15.7.2014 is identical and therefore, considering the role attributed to the present applicants, they be released on bail.

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The learned APP and learned counsel counsel for the intervener opposed the application. The learned counsel for the original complainant has submitted that the

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Page No.3 of 6

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910 BA 1754-G OF 2014

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role attributed to the applicants accused is

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not identical to the accused who were released

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on bail by order this Court dated 15^th July, 2014. He pointed out that the Anil Narayan Desai assaulted Arun Yeshwant Desai who was

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going in the rescue of deceased Ashwin, so

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also Balasaheb Ganpati Gurav assaulted one Shivaji Baburao Desai whose statement was

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recorded on 26^th February, 2014. It is further

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submitted that Balasaheb Gurav, as per statement of Shivaji Baburao Desai, has assaulted Ashwin on his head with weapon like

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and therefore, applicants are not entitled to bail.

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Perused the statements of the

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concerned witnesses. Perused the order passed

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by my learned predecessor dated 15th July, 2014 granting bail to the co-accused. It

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appears that Anil Narayan Desai, the applicant No.1 accused has assaulted Arun Yeshwant Desai

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on his head with weapon like. The injury

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Page No.4 of 6

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910 BA 1754-G OF 2014

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certificate of Arun Desai discloses simple. Therefore, the role attributed to Anil Desai is identical to the role attributed to the coaccused who were granted bail. Therefore, the case of Anil Desai can be considered on the principle of parity. However, the role attributed to Balasaheb Gurav cannot be said on par with the applicants accused who were

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granted bail earlier. Though the statement of Shivaji Baburao Desai is recorded after one week i.e. on 26.2.2014. He has stated that he

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was sitting near Ashiwn Desai and he was examining the head injury of Ashiwn Desai, at

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that time the applicant Balasaheb Gurav arrived and started hitting Ashiwn with weapon

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like. At that time witness Shivaji told him not to assault, even then applicant Balasaheb Gurav stated that let him die and assaulted him. The submission of learned counsel that

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the statement of Shivaji Desai was recorded subsequently and though he had injury, he was

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Page No.5 of 6

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910 BA 1754-G OF 2014

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not admitted in the hospital, this can be appreciated at the time of trial. However, at this stage the act attributed to Balasaheb Gurav is more serious than act attributed to

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Anil Desai. In view of this application in

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respect of applicant No.2 Balaso Ganpati Gurav

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is rejected and application in respect of

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applicant No.1 Anil Desai is allowed. The

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applicant No.1 Anil Desai arrested in above crime, be released on bail on his furnishing P.R. Bond in the sum of Rs.25,000/--with one or two sureties in the sum aggregating to Rs.25,000/-. The applicant Anil shall attend

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the concerned police station as and when called by the IO and shall also attend the

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trial scrupulously.

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Both the application for bail as well

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as application for intervention are disposed of accordingly.

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(MRS. MRIDULA BHATKAR, J.)

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Page No.6 of 6

Anandrao Hari Desai (Intervener) v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Anandrao Hari Desai (Intervener) v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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