High Court allowed bail to the applicant in a murder case, noting that evidence did not prima-facie connect him to the crime. A PR bond was fixed.
Released on executing PR bond for Rs. 25,000/- with sureties.
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.
Digitally signed by SHAMBHAVI SHAMBHAVI NILESH NILESH SHIVGAN SHIVGAN Date: 2022.06.07 15:15:55 +0530
25-BA-2127-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.2127 OF 2021
Amol @ Bablu Rajendra Narle … Applicant Vs The State of Maharashtra ... Respondents
Mr. Vikrant V. Phatate for the Applicant. Mr. Rahul Vijaymane for Intervenor. Mr. A.Patil, APP for the State.
CORAM : SANDEEP K. SHINDE J. DATE : 6 th JUNE, 2022.
P.C. :
Applicant seeks his enlargement on bail in
connection with the Crime No.1030 of 2020 registered with Faujdar Chawdi Police Station, Solapur for the ofences f punishable under Sections 302, 201 and 420 of the Indian Penal Code, 1860 (‘IPC’ for short).
2 Primary evaluation of the fnal report conveys i that on 22 nd September, 2020, dead-body of the deceased
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Shailesh Kokate was found lying on the ground-foor of the l partly constructed building. On enquiry, Mr. Akash Sudhir Jadhav, Bhimashankar Pathrut, Meghraj Pasare disclosed that applicant assaulted deceased with sharp edged weapons and thereafter strangulated him and fed the spot l of the incident. Whereafter, at the instance of Constable, Crime No.1039 of 2020 came to be registered against the applicant on 22 nd September, 2020. Applicant was arrested on 22nd September, 2020. In the course of investigation, statements of Meghraj Rajshekhar Pasare, Akash Sudhir Jadhav, Bhimashankar Dattatraya Pathrut were recorded, who had allegedly disclosed the incident to police on 22 nd September, 2020. I have perused the statements of Meghraj Pasare recorded on 2 nd October, 2020 and of Akash Jadhav recorded on 27 th September, 2020. Statements of these witnesses reveal that they came to know about the assault and murder of deceased from police. Statements of the witnesses do not state that on 23 rd September, 2020, they were present on the spot of the incident and disclosed
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the complicity of applicant in the crime to the police. Therefore, statements of witnesses recorded on 27 th September, 2020 and 2 nd October, 2020 do not support the prosecution case. On the contrary, complaint fled by the i Constable on 22 nd September, 2020 makes and renders prosecution case doubtful.
3 Be that as it may, learned counsel appearing for the Victims (Family members of the deceased), would submit that, on the date of the incident, the applicant had called his friend, Manoj Pawar on his mobile and told him that the deceased was attempting to implicate him in false case and at the material time, deceased was in applicant’s company. Relying on the statement of Manoj Pawar, learned counsel for the victims, submitted that motive to eliminate the deceased was clearly discernible from the statement of Manoj Pawar. However, the fact remains that police have not verifed, whether on the date of incident, applicant had i called Manoj Pawar on his mobile or not. In any case,
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prosecution case, against the applicant is founded on circumstantial evidence. Yet, evidence brought on record, prima-facie, does not connect the applicant to crime in question. Moreover, no recovery of incriminating material has been efected from the applicant. Thus, in consideration f of the facts of the case, in my view, case is made out for granting bail to the applicant. Thus, following order;
ORDER
(i) The applicant in Crime No.1039 of 2020 registered with Foujdar Chawadi Police Station, Solapur, shall be released on executing PR bond for the sum of Rs.25,000/- with one or more sureties in like sum.
(ii) The applicant shall furnish his permanent residential address and contact number to the Investigating Ofcer within seven days from the date of his release on Ï bail.
(iii) The applicant shall not tamper with the evidence or attempt to infuence or contact the complainant, l
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witnesses or any person concerned with the case
(iv) The applicant shall attend concerned police station twice a month, i.e., 2 nd and 4 th Monday from 11 a.m. to 1 noon till the charge is framed.
4 The application is accordingly allowed and disposed of.
5 It is made clear that observations made here-inabove be construed as expression of opinion for the purpose of bail only and the same shall not in any way infuence the trial in other proceedings. l
(SANDEEP K. SHINDE, J.)
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1 issue framed by the court
Whether circumstances in the case warrant granting bail to the applicant.
1 provisions across 1 enactments
Amol @ Bablu Rajendra Narle
The State of Maharashtra
Sandeep K. Shinde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
