Allowed

Atish Kisan Wakale v. the State of Maharashtra

Bombay HC9 Dec 2021BA/1563/2021

Case brief

AI extract

What is this about?

The High Court at Aurangabad allowed bail for two applicants arrested in a criminal case involving offences under the IPC. The Court observed that injuries were simple in nature and did not clearly indicate death threat, and evidence relied on discovery.

What did the court decide?

Applications allowed; applicants released on PR bond of Rs. 50,000 each with two solvent sureties of Rs. 25,000 each; prohibited from entering Fakirwada, Ahmednagar.

Atish Kisan Wakale Vs the State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2021)

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(1)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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921 BAIL APPLICATION NO.1422 OF 2021

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WITH

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BA/1563/2021

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SUNNY GAJANAN DANDAWATE VERSUS

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THE STATE OF MAHARASHTRA

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Advocate for Applicants : Mr. Karpe Rahul R & Sandeep R.Andhale

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Mr. NT Bhagat, APP for Respondent-State.

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 -----

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CORAM: SMT.VIBHA KANKANWADI,J.
DATE : 9th December, 2021

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PER COURT :-

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1.Both the applications have been filed

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under Section 439 of Cr.PC. Both the applicants

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have been arrested in connection with CR No.
837/2021 by Topkhana police station, District

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Ahmednagar for the offences punishable under
Sections 307, 324, 143, 144, 147, 148, 149, 323,
504, 506, 427 of IPC.

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2.Heard learned Advocates for the

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respective applicants and learned APP for
Respondent-State. In order to cut short it can be
stated that both of them have made submissions in

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support of their respective contentions.

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(2)

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3.It is to be noted from the contents of

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the FIR that the allegations against the present
applicant in Bail Application No.1422/2021 are
that, he has used iron pipe and then it is stated
that the informant received blow on his head. As
regards the applicant in Bail Application No.
1563/2021 is concerned, it is stated that he was
holding knife and the blow was received by him on
his left thigh, left hand and nose. As regards the
statements of the witnesses are concerned, it
appears that most of them were not knowing the
applicants and they have not assigned a specific
role to each of the accused involved. It is stated
by them that the informant was assaulted by eight
to ten unknown persons, who had come with weapons.
The FIR states that the informant was initially
taken to Civil hospital, Ahmednagar. Though the
said certificate is not attached to the charge
sheet, it was available with the papers of learned
APP and after perusal of the said certificate, it
shows two injuries, one was on left temporal
parietal region and another was on nostril. Both
are simple in nature. The charge sheet contains
the certificate issued by United City Hospital

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(3)

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dated 7.10.2021, which shows that there was
swelling to the thumb. The injury certificate
further says that the hospital authorities found
that there was sutured CLW on his left
frontoparietal region and then there was CLW on the
left nostril. The said hospital authorities then
advised him CT scan of the brain and right hand x-
ray. The CT scan of the brain done on 20.9.2021

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shows cerebral oedima and the right hand x-ray
shows right thumb fracture, for which surgery was
advised. But then it has been stated that since
the relatives were not willing to continue further
treatment, they had taken discharge against the
medical advice. Thus, it is to be noted that this
injury certificate does not show any clear terms
that those injuries were fatal or would have led to
his death, if not treated, in order to attract
Section 307 of IPC. Further, it has been stated
that co-accsued Nitin Jadhav has been released on
bail by the Sessions Court. Further, the evidence
against the present applicant is in the nature of
recovery, i.e. discovery under Section 27 of the
Indian Evidence Act. Taking into consideration

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(4)

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these aspects, the applicants deserve to be
released on bail. Hence, following order, -

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ORDER

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i.The applications stand allowed;

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ii. The applicants - SUNNY GAJANAN DANDAWATE and ATISH KISAN WAKALE be released on bail in connection with 837/2021 by Topkhana police station, District Ahmednagar for the offences punishable under Sections 307, 324, 143, 144, 147, 148, 149, 323, 504, 506, 427 of IPC on PR bond of Rs.50,000/-(Rupees fifty thousand) each with two solvent sureties of Rs.25,000/- each;

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iii.The applicants shall not enter area
Fakirwada, Ahmednagar till conclusion of the trial.

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iv.Along with submitting the bail papers
before the learned Trial Judge, the applicant/s
shall give their complete addresses of the place of
residence where they intend to reside and along
with mobile number/s, till end of the trial.

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v.The applicants shall also give the said
information to the Investigating officer along with
mobile number/s and shall comply with the
requirements set out in Para No.12 (1) to (6) of
Chapter-I of Criminal Manual, whichever are
applicable.

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(5)

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vi.The applicants shall not indulge in any
criminal activity nor shall tamper with the
prosecution evidence in any manner.

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vii.Bail before the Trial Court.

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(SMT. VIBHA KANKANWADI)
 JUDGE

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BDV

Atish Kisan Wakale v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Atish Kisan Wakale v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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