Single judge allowed bail to the applicant charged with murder and other offences under IPC. The court held that the case for bail was made out as no weapon was used and the applicant had no criminal antecedents.
The applicant was directed to be released on bail on furnishing a police bond of Rs. 25,000/- with one or more sureties in like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.1066 OF 2019
Amol Madhukar Gadekar
Applicant
versus
The State of Maharashtra
Respondent
Mr.Vikas B. Shivarkar for applicant.
Smt.Veera Shinde, APP, for State.
CORAM :PRAKASH D. NAIK, J.
DATE : 18th December 2019
PC :
1.The applicant is seeking bail in CR No.268 of 2018 registered
at Bharti Vidyapeeth Police Station, Pune for offences under Sections
302, 341, 504 r/w 34 of Indian Penal Code. The applicant was
arrested on 31st May 2018.
2.The brief facts of the prosecution case are that on 31st May
2018 the first informant had lodged the FIR. According to him he is
having transport container vehicles and he is conducting his business
in the name of NIS Transport. One Lalji Bandhu Pal was working as
driver on his vehicle. On 29th May 2018 logistic material was lodged
on the vehicle from Bangalore to Bhiwandi. Lalji Pal was driving six
tyre vehicle. The vehicle of complainant was behind the vehicle of
Lalji. On 31st May 2018, at about 8 pm they stopped the vehicle for
dinner on Pune-Satara road. On 31st May 2018, at about 1,.15 am
they left from hotel towards Bhiwandi. The vehicle of Lalji was
stopped near bridge. One vehicle was also stopped near his vehicle.
Two persons were assaulting Lalji with fist and kick blows. The
complainant stopped his vehicle and separated the assailants from
the victim. Lalji told him that while taking turn at Katraj at about
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1.55 am, the left side mirror of the vehicle was dashed to the
assailants’ vehicle. They stopped the vehicle of Lalji and started
assaulting him. The victim told him that he has been assaulted and
he should be taken to hospital. The victim was then taken to
hospital where he succumbed to the injuries. Pursuant to the arrest
of applicant, investigation is completed and charge sheet is filed.
3.Learned counsel for applicant submits that the applicant has
been falsely implicated in this case. He is not instrumental in
assaulting the deceased. Assuming the contents of FIR to be true, the
applicant cannot be attributed the intention to commit murder. The
history provided for the medical treatment at the time of admission
of victim indicate that the applicant had admitted him to the
hospital. It is further submitted that the version of witnesses is after
thought.
4.Learned APP submitted that for flimsy reason the victim was
mercilessly assaulted. He had sustained head injuries. The
statements of witnesses and the complainant clearly establishes
involvement of applicant in crime. Learned APP pointed out the
form for admission of patient in the hospital. The said document
refers the name of complainant, however, there is no reference to the
applicant. The post mortem report shows that the victim had died
on account of head injury. Thus, there are strong circumstances
showing involvement of applicant.
5.I have perused the documents on record. The incident had
arisen on account of dashing the mirror of the accused vehicle. The
complainant was informed about assault by the victim. He had
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reached at the spot at a later stage. The statement of eye witnesses
were recorded on 3rd June 2018 and 29th July 2018. The case paper
of Kashibai Navle General College and Medical Hospital indicate the
history recorded that the container driver was going towards
Mumbai, the container dashed with jeep. The name of the applicant
is shown on the medical case paper issued by out patient
department. The statement of eye witnesses were recorded
belatedly. No weapon is used in commission of crime. It is alleged
that the head of victim was banged by the applicant. There are no
criminal antecedents against applicant. In the circumstances, case
for grant of bail is made out.
6. Hence, I pass following order :
ORDER
(i)Criminal Bail Application NO.1066 of 2019 is allowed and
disposed of;
(ii)The applicant is directed to be released on bail in connection
with CR No.268 of 2018 registered with Bharati Vidyapeeth Police
Station, Pune, on furnishing PR bond in he sum of Rs.25,000/- with
one or more sureties in the like amount;
(iii)The applicant shall report Bharati Vidyapeeth Police Station
once in a month on every first Saturday between 10 am and 12 noon
till further orders;
(iv)The applicant shall not tamper with evidence and shall attend
Trial Court proceedings regularly, unless exempted by the Trial Court
for some reason.
(PRAKASH D. NAIK, J.)
MST
2 issues framed by the court
Whether bail should be granted to the applicant charged with offences under Sections 302, 341, 504 r/w 34 IPC in a non-bailable offence.
Whether the applicant is instrumental in the assault and the intention to commit murder based on the available evidence.
1 provisions across 1 enactments
Amol Madhukar Gadekar
The State of Maharashtra
Prakash D. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court