Dismissed

Manoj Anil Nagargoje v. the State of Maharashtra

Bombay HC2 Aug 2021BA/222/2020

Case brief

AI extract

What is this about?

In this bail application, the High Court of Bombay rejected the request for bail granted the applicant accused of murder. The court noted sufficient material against him, including a blood-stained shirt recovery and confession.

What did the court decide?

Bail application rejected; applicant remains in custody.

What the court decided

Manoj Anil Nagargoje Vs the State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2021)

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1. BA 222-20.doc

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DDR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO. 222 OF 2020 MANOJ ANIL NAGARGOJE ..APPLICANT VS. THE STATE OF MAHARASHTRA ..RESPONDENT -------------

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Mr. Sushrut Jadhwar for the applicant. Mr. N.B. Patil, APP for the State.

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CORAM : M.S.KARNIK, J.

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DATE : AUGUST 2, 2021

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P.C.

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Heard learned counsel for the applicant.

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The applicant is seeking his release on bail in connection with C.R.No.166 of 2018 registered with Atpadi Police Station, Sangli under Sections 302 and 201 of the Indian Penal Code.

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The applicant is arrested on 15/7/2018 and since then, he is in custody. The prosecution case in brief is that between the night of 3^rd and 4^th July, 2018, the deceased Kashinath Galande was going from Sangli towards Baramati in his tempo No.MH-42-M7895. The present applicant and three others abducted deceased Kashinath Galande along with his tempo. He was taken to Yalmarwadi in an agricultural feld. He was assaulted with stone on his head and face. After that, the dead body was kept in the same tempo and was taken to Sathwan Talav at Chinchale, Taluka Atpadi,

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1. BA 222-20.doc

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District Sangli and was thrown there. The tempo was thereafter washed. It was taken to Karnataka State at village Lokur. The chargesheet was fled under Section 302, 201, 120-B, 341, 397 read with 34 of the Indian Penal Code. The First Information Report was fled by one Sachin Mandale who was Police Patil of the village where the dead body was found. The driving licence of the deceased was found nearby. On that basis, the dead body was identifed. The post-mortem notes shows that the deceased had sufered seven inj u ries and the cause of death was mentioned as “massive traumatic brain inj u ry”.

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Heard learned counsel for the applicant and learned APP for the State.

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Learned counsel for the applicant submitted that there was no eye witness and the entire case is based on the circumstantial evidence. He submitted that main circumstance against the applicant was that he was seen by the petrol pump attendant. Learned counsel submits that the C.C.T.V. footage does not show that the applicant was sitting on the cleaner’s side as alleged by the prosecution. According to him, the applicant was simply shown to the petrol pump attendant who stated that the applicant and one other accused are the same persons who were seen in the tempo at the time of reflling diesel. He submits that the applicant is arrested merely on suspicion and he is in custody since more than three years.

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1. BA 222-20.doc

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Learned APP invited my attention to the relevant statements in the chargesheet and submitted that the materials on record will not j u stify granting bail to the applicant.

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Having heard learned counsel and after perusing the investigation papers, I fnd this not to be a ft case to grant bail. For one, there is a recovery of blood stained shirt at the instance of the applicant. An important circumstance against the present applicant was the extra j u dicial confession given by him to his own father Shri Anil Nagargojue. According to Shri Anil Nagargojue, the applicant was seen in frightened state on 4/7/2018 and the witness saw him with inj u ries on his calf muscle. At that time, the applicant and the co-accused Mahadeo confessed to have committed the murder of the deceased.

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Further, even the statement of attendant at the petrol pump Shri Sagar Ghadge reveals that on 4/7/2018, at around 2.45 .am., the applicant and the co-accused had reflled diesel at the petrol pump. He has stated that the applicant was sitting on the cleaner side in the tempo.

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This Court by an order dated 20/8/2019 passed in Bail Application No. 916 of 2019 rejuected the bail application of the coaccused Bapurao @ Mahadeo Sarjuerao Khade. Considering the role of the applicant and Bapurao @ Mahadeo Sarjuerao Khade in the alleged ofence, it is not possible to accede to the request of the

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1. BA 222-20.doc

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applicant for releasing him on bail. The ofence is serious. Prima facie, it appears that there is sufcient material against the applicant, hence the application is rejuected.

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Digitally signed by DIKSHA DIKSHA DINESH DINESH RANE RANE Date: 2021.08.02 18:03:16 +0530

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Manoj Anil Nagargoje v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

Manoj Anil Nagargoje v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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