Single-judge bail application of two applicants in a criminal case involving alleged assault and injuries. Court granted bail noting belated accusation in supplementary statements and non-life-threatening injuries.
Released on bail upon furnishing PR bond of Rs.30,000/- each and one or two sureties in the 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.500 OF 2021
Madhav Trimbak Vaidya & Anr..... Applicants
versus
State of Maharashtra.... Respondent
Mr.Rameshwar N. Gite, Advocate for Applicant.Mr.Ajay Patil, APP for the State/Respondent.CORAM : SARANG V. KOTWAL, J. DATE : 17th MARCH, 2021
P.C. :
1. The Applicants are seeking their release on bail in
connection with C.R.No.179/2020 registered with Yevla PoliceStation, Nashik, under sections 307, 324, 323, 504, 506, 143,
147, 148, 149 of the Indian Penal Code and under sections
37(1) r/w 135 of the Maharashtra Police Act.
2. The Applicants were arrested on 17/07/2020 and since
then they are in custody. The investigation is carried out and
charge-sheet is filed.
Nesarikar
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3. Heard Mr.Rameshwar N. Gite, learned counsel for the
Applicant and Mr.Ajay Patil, learned APP for the State.
4. The FIR is lodged by one Shankar Bhagaji Kandalkar
on 28/06/2020. He has stated that he had given loan to Balu
Gorane and Bandu Gorane of Rs.70,000/-. They were not
returning that amount. On the date of incident at about 11.00
a.m. these two accused along with others came to the house of
the informant with weapons like sticks, iron rods, axe etc. The
FIR goes on to mention and describe the assault mounted by the
accused Sachin Gorane, Balu Batase, Sanjiv Batase and
Kakasaheb Batase etc. The FIR actually gives names of 15
persons besides mentioning five unknown persons who had also
taken part.
5. Learned counsel for the Applicants submitted that the
Applicants’ names are not mentioned in the FIR. However, after
two months, the informant has given supplementary statement
when the Applicants were already arrested and in that
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statement, the Applicants’ names were mentioned. Their
photographs were also shown to the informant.
6. There are in four injured including the first informant.
The statements of injured Alkabai Bhagaji Kandalkar recorded in
June 2020, does not mention the Applicants’ name. The injured
Bhagaji has given statement on 28/06/2020 and 30/06/2020. In
the statement dated 30/06/2020, the Applicants’ names are
mentioned, but no roles are ascribed to them. He submitted that
injuries suffered by the injured are not life threatening injuries.
Therefore section 307 is not applicable.
7. Learned APP opposed this application and relied on the
statement of injured eyewitnesses and their injuries. He
submitted that accused were more in numbers and they were
carrying deadly weapons and therefore they should not be
granted bail.
8. I have considered these submissions. With the
assistance of learned counsel, I have perused the charge-sheet.
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9. As rightly submitted by learned counsel for the
Applicant, their names are not mentioned in the FIR. Their
names have surfaced only in the supplementary statement which
was recorded after two months and that too after arrest of the
Applicant. Injured Bhagaji in his supplementary statement,
which is recorded two days after his first statement, has named
them, but has not ascribed any role or weapon to them. Other
injured Alkabai has not even named them. Statement of
Machhindra Kandalkar is not in the charge-sheet.
10. The injury certificate shows that Machhindra has
suffered two simple injuries on head and thigh. Alkabai suffered
four injuries and fracture of left hand finger, which was
described as grievous injury. Bhagaji suffered simple contusion
on forearm and fracture of right hand ring finger. Shankar
Kandalkar, the first informant, had suffered grievous injuries in
the nature of fracture of right leg and left hand finger. Besides
that he has suffered one simple injury on thigh.
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11. Thus it can be seen that the injuries were not fatal and
they were not life threatening injuries. The Applicants’
involvement in the offene is doubtful as they are implicated
belatedly in the supplementary statement. No specific role is
attributed to them. The Applicants are already in custody since
17/07/2020. Therefore their further custody during entire
course of trial, will not serve any purpose. They deserve to be
released on bail.
12. Hence, the following order :
O R D E R
(i)In connection with C.R.No.179/2020
registered with Yevla Police Station, Nashik,
the Applicants are directed to be released
on bail on their furnishing PR bond in the
sum of Rs.30,000/- (Rupees Thirty
Thousand Only) each, with one or two
each, sureties in the like amount.
(ii)Application stands disposed of accordingly.
(SARANG V. KOTWAL, J.)
3 issues framed by the court
Whether the applicants deserve release on bail given their belated implication in the supplementary statement without specific roles attributed.
Whether the injuries sustained are life-threatening to deny bail under Section 307 IPC.
Whether further custody during trial serves any purpose for the applicants already in remand custody.
2 provisions across 2 enactments
Madhav Trimbak Vaidya & Anr.
State of Maharashtra
SARANG V. KOTWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court