Vishwajit S/O Ramesh Kasar Vs the State of Mahrashtra

( 1 ) cria3698.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 3698 OF 2016

Vishwajit s/o. Ramesh Kasar
Age. 24 years, Occ. Service,
R/o. Walki, Tq. Nagar,
Dist. Ahmednagar.

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..Applicant

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Versus

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The State of Maharashtra..Respondent

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Mr.N.C. Garud, Advocate for the applicant.
Mr.S.J. Salgare, APP for respondent/State.

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CORAM : A.M. BADAR,J. DATED : 24.10.2016

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P.C. :-

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1.The applicant/accused in Crime No.I-60 of 2015,
registered with Karjat Police Station, Dist. Ahmednagar,
for the offences punishable under sections 306, 420, 468,
504, 506 read with section 34 of the Indian Penal Code,
by this application, is seeking his release on bail after
filing of charge-sheet.

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2.Heard learned Counsel for the applicant. He
argued that the investigation is over and apart from
merits, the applicant is seeking bail on medical ground
also, because he is suffering from multiple ailments.

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3.Learned A.P.P. opposed the application by
contending that the crime in question is serious and the
witnesses are supporting the prosecution case. Learned
A.P.P. further argued that apart from this offence, three
similar offences are registered against the present
applicant.

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4.I have considered the rival submissions and
perused the charge-sheet. The crime in question is
registered on the basis of report of Vijay Kshirsagar
(brother-in-law of Sachin Dnyandeo Kale). According to
the prosecution case, the applicant promised deceased
Sachin Dnyandeo Kale as well as other young persons,
named, Sandip and Amol to provide public employment to
them on payment of Rs.5.50 lakhs by each of them.
Accordingly, from time to time, the applicant was paid
the amount demanded by him. However, instead of
providing permanent employment to those three persons,
the applicant had provided temporary private employment
to them at the Airport at Mumbai. Similarly according to
the prosecution case, subsequently when there was
insistence for refund of amount by victims of the crime
in question, the applicant had supplied forged
appointment order as Traffic Controller with the
railways. Ultimately, being unable to bear harassment

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and cheating at the instance of present applicant, Sachin
Dnyandeo Kale committed suicide by hanging at his village
Nimgaon on 04.02.2015.

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5.Deceased Sachin had allegedly written a suicide
note pointing finger of accusation at the present
applicant by stating that when he asked the present
applicant to refund the amount, the applicant threatened
to kill him. Therefore, he is committing suicide.

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6.So far as offence punishable under section 306
of the Indian Penal Code is concerned, it requires mens
rea and without intention and knowledge, there cannot be
abetment. Averments against the present applicant are to
the effect that he has cheated aspiring youths by
collecting money from them on the pretext of providing
public employment and subsequently threatened them. This
has resulted in commission of suicide by such of victim.

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7.Considering the nature of allegations against
the present applicant and the fact that he is suffering
from several ailments, after filing of charge-sheet, his
further pre-trial detention is not warranted. Hence, the
following order :-

( 4 )

cria3698.16

O R D E R

i)The application is allowed.

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ii)The Applicant/accused-Vishwajit s/o. Ramesh
Kasar in Crime No.I-60 of 2015, registered with
Karjat Police Station, Dist. Ahmednagar, for the
offences punishable under sections 306, 420,
468, 504, 506 read with section 34 of the Indian
Penal Code, be released on bail on executing
P.R.Bond of Rs.30,000/- [Rupees Thirty Thousand]
and on furnishing surety in the like amount.

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iii)As a condition of this Order, the
applicant shall not extend any threat,
inducement or promise to the persons
acquainted with the facts of the accusation
so as to dissuade them from disclosing the same
either to the police or the Court.

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iv)The applicant shall not tamper the
evidence of the prosecution.

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(v)The applicant to co-operate the trial Court
in the expeditious disposal of trial against him
and the applicant shall not repeat commission of
similar offence in future.

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[A.M. BADAR,J.]

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snk/2016/OCT16/ cria3698.16

Vishwajit S/O Ramesh Kasar v. the State of Mahrashtra

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Vishwajit S/O Ramesh Kasar v. the State of Mahrashtra

Case brief

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