Allowed

Ganesh Bhimrao Padalkar v. the State of Maharashtra

Bombay HC26 Oct 2021BA/557/2021

Case brief

AI extract

What is this about?

This judgment is a bail application under Section 439 CrPC. The High Court examined the FIR, investigation report, and medical records. Finding the allegations against the applicant were not supported by specific medical evidence naming him as the assaultor, and noting the non-capital nature of the offence and release of co-accused, the Court allowed bail.

What did the court decide?

The applicant was released on bail on a personal bond of Rs. 25,000/- with two sureties in like amount, subject to conditions regarding tampering with evidence and appearing at the police station.

Ganesh Bhimrao Padalkar Vs the State of Maharashtra — Bail and Remand | Bombay HC (2021)

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BA-557-2021.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.557 OF 2021

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GANESH BHIMRAO PADALKAR

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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.Sachin Thombare, Advocate for the Applicant.

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Smt.Anamika Malhotra, APP for the Respondent – State.

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CORAM : V. G. BISHT, J.

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 RESERVED ON : 21st OCTOBER 2021
 PRONOUNCED ON : 26th OCTOBER 2021

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P.C.:

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1The 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.539 of 2019 registered with Police Station Indapur, for

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offences punishable under Section 364(A), 383, 394, 342, 324

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read with 34 of the IPC and under Section 25(4) of the Arms Act.

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AVK 1/5

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BA-557-2021.doc

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2It is the case of the prosecution that on 13th

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September 2019 applicant took informant to Bhigwan. It is
alleged that the applicant with the help of two unknown
companions confined him in a room, tied his hands and legs and
caused injuries. It is further alleged that he also removed
Rs.25,000/- and a mobile handset from his person and illegally
confined him there. It is further alleged that the applicant also
demanded ransom amount of Rs.50 lakh and threatened to kill
him and even rang up his brother repeating the said demands.

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3Mr.Thombare, learned counsel for the applicant,

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submits that the investigation in the matter has already been
completed leading to filing of the charge-sheet. The other two
accused have also been released on bail. In such circumstances,
the present application deserves to be allowed.

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4Smt.Anamika Malhotra, learned APP, on the other
hand, invited my attention to the statement of the brother of the
informant from whom the applicant and others had demanded

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AVK 2/5

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BA-557-2021.doc

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the ransom amount of Rs.50 lakhs. According to the learned APP,
there is sufficient material on record indicating the complicity of
the accused in the offence. In such circumstances, there being no
merit in the application, the same is liable to be rejected.

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5I have gone through the investigation papers
including the statement of brother of the informant. He supports
the contents of the First Information Report (FIR). Although the
informant has alleged in his FIR that he was assaulted by the
applicant and others, however, during the course of submission,
the learned counsel invited my attention to the letter written by
Dr.Mangesh Patil, Nilkanth Hospital and I.C.U. Center, to the
Police Inspector, Indapur Police station, Indapur, about the
admission of the informant in the hospital. It also shows the
history of assault by unknown persons. The learned counsel
wanted to impress upon me and that is rightly so, that this letter
nowhere reveals that the applicant was also one of the assaulter
along with those unknown persons. Rather, it shows the assault
by unknown persons. It may not be out of place to mention here

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AVK 3/5

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BA-557-2021.doc

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that the applicant is very much known to the the informant. Had
the informant been assaulted by the applicant, also his name
would have been revealed by the informant to the Medical
Officer while giving history of incident at the time of his
admission in the hospital.

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6The next document is Injury Certificate issued by
Dr.Mangesh Patil of the said hospital which shows assault at the
hands of unknown persons and all the injuries allegedly
sustained by the informant were simple in nature, allegedly
caused by means of hard and blunt object.

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7Apart from above, it is also important to note that the
alleged offences are neither punishable with death or life
imprisonment. Moreover, again there is no dispute to the fact
that the charge-sheet has already been filed. Having regard to
the totality of the case of the prosecution and as also
circumstances, in my considered opinion, no purpose would be
served by keeping the applicant behind the bars. This being so, I

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AVK 4/5

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BA-557-2021.doc

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am inclined to allow the application. Hence, the following order :

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ORDER

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(i) Applicant – Ganesh Bhimrao Padalkar shall be released on bail in C.R.No.539 of 2019 registered with Police Station Indapur, 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 directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case and shall not tamper with prosecution evidence.

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(iii)The applicant shall attend the concerned Police Station on the first Monday of every month, till the Charge is framed.

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

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(v)The application is allowed in the aforesaid terms.

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 (V. G. BISHT, J.)

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AVK 5/5

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ARTI VILAS KHATATE Digitally signed by ARTI VILAS KHATATE Date: 2021.10.26 13:38:46 +0530

Ganesh Bhimrao Padalkar v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ganesh Bhimrao Padalkar v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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