Allowed

Ajit Vishnu Wakrekar and Ors. v. the State of Maharashtra

Bombay HC9 Jun 2021BA/373/2021

Case brief

AI extract

What is this about?

The Court granted bail to the applicants in a case involving alleged gang assault and death. Finding independent witness corroborations and injury discrepancies created reasonable doubt, the court directed surrender of personal bonds and fortnightly police reporting.

What did the court decide?

Release on bail furnishing PR bonds of Rs.30,000/- each with sureties; reporting to Police Station every Sunday for two years.

Ajit Vishnu Wakrekar and Ors. Vs the State of… — Murder and Culpable Homicide | Bombay HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO. 373 OF 2021

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Ajit Vishnu Wakrekar 2. Ankush Krushnant Wakrekar .... Applicants

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Versus

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The State of Maharashtra .... Respondent

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Mr. Anand S. Patil, for the applicants. Smt. J.S. Lohokare, APP for the State/Respondent.

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CORAM:SARANG V. KOTWAL, J. DATE : 9^th JUNE, 2021

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P.C. :

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The applicants are seeking their release on bail

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in connection with C.R.No. 1408 of 2020 registered at Karveer Police Station, Kolhapur, under sections 302, 307, 325, 323, 143, 147, 148, 149, 504 and 506 of the Indian Penal Code and under Section 135 of the Maharashtra Police Act. The applicants were arrested on 18/08/2020 and since then they are in custody. The investigation is over and the charge-sheet is fled.

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Heard Mr. Anand Patil, learned counsel for the applicant and Smt. J.S. Lohokare, learned APP for the State.

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The FIR in this case was lodged by one Sharad Wakrekar on 16/08/2020. He has stated that the informant’s group and the group of Sitaram Wakrekar including the present applicants had enmity in respect of partition of a land in gut No. 52 admeasuring 184 gunthas at village Aardewadi. On 16/08/2020, at about 10.00 a.m., some quarrel started between the two groups. At that time, the applicants Ajit and Ankush assaulted the informant’s cousin Adinath on his head with stick. There are allegations that Sitaram assaulted Dyanu with sickle. Krushnath assaulted Gopinath with sickle. Others also took part in the incident. Therefore, initially the FIR was lodged mainly under section 307 of the Indian Penal Code. Subsequently, after the deceased had succumbed to his injuries, Section 302 of the Indian Penal Code was added. Adinath succumbed to his injuries on 17/08/2020.

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Learned Counsel for the applicant submitted that the FIR and statements of witnesses from the informant’s side did not depict the true picture. Correct facts are refected in the statements of the independent eye witnesses. He submitted that all the other accused except the applicants are granted bail. There was free fght between the two groups and a cross FIR is lodged. Three persons from applicant’s group had sufered fractures on their hands. He submitted that both the applicants are young boys of 22 years of age and therefore they deserve to be released on bail.

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Learned APP opposed this application. She relied on the statements of eye witnesses to contend that their consistent version shows that both the applicants had assaulted the deceased with sticks.

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I have considered these submissions. With the assistance of both learned Counsel, I have perused the entire charge-sheet. Similar to the frst informant, there

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are statements of other witnesses namely Kashinath, Gopinath, Mahipati, Sunanda who have consistently stated that the applicants had assaulted Adinath on his head. There are other injured in this case. The main allegations are against both the applicants.

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Post mortem notes show that the deceased sufered 10 injuries in incident which were mainly in the nature of abrasion. Column No. 17 of the post mortem notes do not show any head injury. However, there are two injuries on the face. Internal examination did show three injuries in the nature of hemorrhage on the brain. Cause of death is mentioned as “head injury”. This creates doubt about the prosecution case of assault on head with sticks. Injuries to the brain are subject matter which can be decided during trial. This doubt is compounded by statements of two independent eye witnesses namely Dinkar Pendurkar and Suresh Arade. Both of them have categorically stated that both the parties had started pelting stones on each other. Both the

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parties also started assaulting each other with sticks and sickles. Both the witnesses have emphasised that it was a free fght and people from both sides had sufered injuries. Signifcantly, though there are other witnesses from the informant’s group, their statements will have to be seen in the background of the statements of these independent eye witnesses.

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Besides this, as rightly submitted by learned Counsel for the applicants, there were three injured from the side of the applicants namely Sitaram, Devaji and Vishnu. All of them have sufered fractures on their hands. The eye witnesses from informant’s group have not explained this. Therefore sufcient doubt is created about veracity of the prosecution case against the applicants. In any case, since there was a free fght, there is some force in the submission of learned Counsel for the applicant that ofence may not fall within the defnition of ‘murder’. It could be a much lesser ofence. The applicants are young boys of 22 years of age. y.s.patil 5 of 6

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Therefore, in this background, they deserve to be released on bail. However, learned APP pointed out that because of the enmity there is possibility of further fght. This can be taken care of by directing the applicants to report to the Police Station regularly for certain period. 10. Hence the following order.

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O R D E R

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(i) In connection with C.R. No. 1408 of 2020 registered with Karveer Police Station, Kolhapur, the Applicants are directed to be released on bail on their furnishing PR bonds in the sum of Rs.30,000/- each (Rupees Thirty Thousand Only) with one or two sureties each in the like amount.

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(ii) The applicants shall attend the concerned Police Station on every Sunday between 10.00 a.m. to 11.00 a.m. for a period of two years from today to mark their presence.

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(iii) The application stands disposed of accordingly.

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Ajit Vishnu Wakrekar and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ajit Vishnu Wakrekar and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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