Allowed

Dhiraj Dhanaji Pawar v. the State of Maharashtra

Bombay HC22 Nov 2021BA/2276/2021

Case brief

AI extract

What is this about?

In a bail application under Section 439 CrPC, the High Court of Judicature at Bombay considered charges of attempted murder arising from a land dispute. Balancing the grievous injuries sustained by the victim against the family relationship between parties and the pending civil dispute, the Court allowed bail due to the need for a long trial.

What did the court decide?

The applicant is released on bail on a personal bond of Rs. 25,000/- with one or two sureties in like amount.

Dhiraj Dhanaji Pawar Vs the State of Maharashtra — Bail and Remand | Bombay HC (2021)

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BA-2276-2021.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO.2276 OF 2021

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DHIRAJ DHANAJI PAWAR

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)...APPLICANT

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V/s.

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THE STATE OF MAHARASHTRA

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)...RESPONDENT

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Mr.Kapil Dave a/w. Mr.Prajit S. Manjrekar, Advocate for the
Applicant.

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Mr.H.J.Dedhia, APP for the Respondent – State.

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CORAM : V. G. BISHT, J.

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 RESERVED ON : 15th NOVEMBER 2021
 PRONOUNCED ON : 22nd NOVEMBER 2021

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P.C.:

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1 The present application has been moved by the

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applicant under Section 439 of the Code of Criminal Procedure in

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Crime No.16 of 2021 registered with Police Station Vita, Sangli,

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for offences punishable under Section 307, 504, 506 read with 34

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of the Indian Penal Code (IPC).

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AVK 1/6

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Digitally signed byARTI ARTI VILAS VILAS KHATATE KHATATE Date: 2021.11.22 14:53:01 +0530

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BA-2276-2021.doc

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2Informant is nephew of accused Dhiraj Dhanaji
Pawar. The applicant-accused is son of said Dhiraj Dhanaji Pawar
whereas Usha Dhanaji Pawar is the wife of Dhanaji Pawar.
According to the prosecution, a dispute is going on between them
in respect of a land bearing Gat No.629 situate at Balavadi,
Bhalvan. A stay order of the Court is operating against the
applicant-accused.

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3The prosecution alleges that on 8th January 2021, at
about 11.30 a.m., the applicant and other accused were
ploughing the disputed land and when the informant and his
father told them that there is a stay of the Court, the applicant
and his parents assaulted the informant and his father Shivaji
Dhanaji Pawar by means of a sickle with a view to kill them. The
informant, later on, lodged the report.

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4Mr.Kapil Dave, learned counsel for the applicant,

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submits that the parties to the dispute are in relation and a land dispute is going on between them. Having regard to the alleged AVK 2/6

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BA-2276-2021.doc

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injuries, it cannot be said that the applicant had allegedly
attempted to kill the informant and his father. The whole
incident took place in a sudden provocation. Charge-sheet has
been filed. There are no criminal antecedents. In such
circumstances, the applicant deserves to be enlarged on bail.

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5Mr.Dedhia, learned APP, on the other hand, opposed
the submissions by contending that the applicant and his parents
attempted to kill the informant and his father by assaulting them
by means of a sickle. The learned APP then invited my attention
to the medical certificate pointing out the grievous injuries
sustained by the informant’s father. There being no merit in the
application, the same is liable to be rejected, argued learned APP.

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6As far as relationship between the parties is
concerned, there is no dispute. It is also not disputed that a land
dispute is pending in the Civil Court between the parties. In this
factual backdrop, the gravity of the incident should be
appreciated.

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AVK 3/6

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BA-2276-2021.doc

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7No doubt the First Information Report (FIR) shows
that when the informant and his father asked the applicant and
his parents not to plough the land because of operation of stay
order against them, however, all got enraged and assaulted the
informant and his father by means of sickle. I have also gone
through medical certificate. It does show that there was grievous
injury on the left mid-forearm of father of the informant namely
Shivaji Dhanaji Pawar. The said injury was in the form of total
amputation of left upper extremity at mid forearm level about 5”
proximal to the wrist joint and the amputated part was attached
to proximal part by a skin of width 2 cm. similarly, there is injury
certificate pertaining to the informant. However, he appears to
have sustained simple injury.

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8In the above factual backdrop, taking into

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consideration the relation between the parties and as also the cause of incident including the nature of injury, in my considered opinion, no useful purpose would be served by keeping the applicant behind the bars. More so, when the investigation is AVK 4/6

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BA-2276-2021.doc

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completed and no criminal antecedents are appearing on record
against the applicant. The trial is unlikely to be completed in
reasonable time.

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9In view of above, I pass the following order :

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ORDER

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(i)Applicant – Dhiraj Dhanaji Pawar shall be released on bail in
Crime No.16 of 2021 registered with Police Station Vita,
Sangli, on his executing P.R.Bond in the sum of Rs.25,000/-
with one or two sureties in like amount.

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(ii)The applicant shall not tamper with prosecution evidence.

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(iii)The applicant shall attend the concerned police station as and when called by the Investigating Officer.

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(iv)Parties to act on copy of this order duly authenticated by the

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Sheristedar of this Court.

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AVK 5/6

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BA-2276-2021.doc

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(v)Bail before trial Court.

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(vi)The application is allowed in the aforesaid terms and stands disposed off accordingly.

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 (V. G. BISHT, J.)

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AVK 6/6

Dhiraj Dhanaji Pawar v. the State of Maharashtra

Case brief

What is this about?

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Dhiraj Dhanaji Pawar v. the State of Maharashtra

Case brief

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