Two applicants sought regular bail in a murder case where co-accused allegedly assaulted the deceased with a PVC pipe and stick while their role was kicks and fist blows. With charge-sheet filed and no criminal antecedents, the court enlarged both on bail with conditions including weekly police reporting.
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.
3-BA-408-2024+.DOC
Sonali
2024:BHC-AS:6854
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.408 OF 2024
Nilesh Jivan Thorat …Applicant
Versus
The State of Maharashtra…Respondent
WITH
CRIMINAL BAIL APPLICATION NO.3432 OF 2023
Santosh Mohan Thorat …Applicant
Versus
The State of Maharashtra…Respondent
Mr. Chetan Deshmukh, Advocate for the Applicant in
B.A.No.408/2024.
Mr. Aniket Vagal a/w. Mr. Kunal N. Pednekar, Mr. Divesh Mehani
and Ms. Savvy Kolhekar, Advocates for the Applicant in
B.A.No.3432/2023.
Ms. Veera Shinde, APP for the Respondent-State.
Mr. Sukdeo R. Dharan, P.S.I. attached to Nashik Taluka Police
Station, present.
CORAM: MADHAV J. JAMDAR, J. DATED : 12th FEBRUARY 2024
PC:-
1. Heard Mr. Deshmukh, learned Counsel appearing for the
Applicant in Criminal Bail Application No.408 of 2024, Mr. Vagal,
learned Counsel appearing for the Applicant in Criminal Bail
Application No.3432 of 2023 and Ms. Shinde, learned APP
appearing for the Respondent-State.
Page 1 of 7
3-BA-408-2024+.DOC
Sonali
2.These regular Bail Applications are preferred under Section
439 of the Code of Criminal Procedure, 1973. The relevant details
are as follows:-
1. |
C. R. No. |
169 of 2023 |
|---|---|---|
2. |
Date of registration of F.I.R. |
19/05/2023 |
3. |
Name of Police Station |
Nashik Taluka Police Station |
4. |
Section/s invoked |
302, 201, 120(B) r/w. 34 ofthe I.P.C.,186037(1)(3), 135 of theMaharashtra Police Act,1951. |
5. |
Date of incident |
19/05/2023 |
6. |
Date of arrest |
20/05/2023 (B.A. 408/2024)19/05/2023 (B.A.3432/2023) |
7. |
Date of filing Charge-sheet |
17/08/2023 |
3.As per the prosecution case, deceased-Bhanudas Gaikwad
was using the motorcycle belonging to the Accused No.1-Tushar
Thorat without his permission and therefore Accused No.1-Tushar
Thorat and Accused No.2-Ram Thorat took Bhanudas Gaikwad on
the motorcycle to an open space and assaulted him with P.V.C. pipe
and wooden stick. At that place, the present Applicants i.e.
Accused No.3-Santosh Thorat and Accused No.4-Nilesh Thorat
Page 2 of 7
3-BA-408-2024+.DOC
Sonali
came and they both assaulted the deceased with kicks and fist
blows.
4.Mr. Deshmukh, learned Counsel appearing for the Applicant
in Criminal Bail Application No.408 of 2024 and Mr. Vagal, learned
Counsel appearing for the Applicant in Criminal Bail Application
No.3432 of 2023 submitted that the role attributed to the present
Applicants is that they have assaulted the deceased with kicks and
fist blows. They submitted that the incident has occurred suddenly
and in a spur of the moment. They submitted that Charge-sheet is
filed and that there is no progress in the trial and even the charge
is also not framed.
5.On the other hand, Ms. Shinde, learned APP appearing for
the Respondent-State strongly opposed the Bail Applications. She
submitted that there are two eye-witnesses to the incident. The
deceased has been assaulted mercilessly and he succumbed to the
resultant injuries. Therefore, she submitted that the Bail
Applications be rejected. However, on instructions she submitted
that there are no criminal antecedents against the Applicants.
Page 3 of 7
3-BA-408-2024+.DOC
Sonali
6.Perusal of the record shows that the incident in question
occurred on 18th May 2023, the F.I.R. was lodged on 19th May 2023
and Charge-sheet was filed on 17th August 2023. As per the
Charge-sheet there are about 24 witnesses proposed to be
examined by the prosecution. The trial is unlikely to conclude any
time soon and is likely to take a considerably long time. The
statement of witnesses shows that the Accused Nos.1 and 2 have
assaulted the deceased with P.V.C. Pipe and wooden stick, whereas
the role attributed to the present Applicants is that they have
assaulted the deceased with kicks and fist blows.
7. There are no criminal antecedents against the present Applicants.
8.Mr. Deshmukh, learned Counsel appearing for the Applicant
in Criminal Bail Application No.408 of 2024 states that as several
witnesses are residing in the same locality as that of the said
Applicant, the Applicant will reside at C/o. Somnath Pandurang
Chavan, Om Sai Apartment, Flat No.3, Plot No.39, Chetana Nagar,
Nashik, District-Nashik.
Page 4 of 7
3-BA-408-2024+.DOC
Sonali
9.Mr. Vagal, learned Counsel appearing for the Applicant in
Criminal Bail Application No.3432 of 2023 states that as several
witnesses are residing in the same locality as that of the said
Applicant, the Applicant will reside at C/o. Suresh Narayan Deokar,
Deolali Village, Nashik Road, Nashik, District-Nashik.
10. The Applicants do not appear to be at risk of flight.
11. Accordingly, the Applicants can be enlarged on bail by imposing conditions.
12. In view thereof, the following order:-
O R D E R
(a) The Applicants-Nilesh Jivan Thorat and Santosh Mohan Thorat be released on bail in connection with C. R. No.169 of 2023 registered with the Nashik Taluka Police Station, District-Nashik on their furnishing P. R. Bond of Rs.25,000/- each with two solventsureties each in the like amount.Page 5 of 7
3-BA-408-2024+.DOC
Sonali
(b) On being released on bail, the Applicants shall furnish their cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.(c) The Applicants shall not enter village Vilholi, Taluka and District-Nashik and village Rajur Bahula, Taluka and District-Nashik and the jurisdiction of Nashik Taluka Police Station unless called by the Investigating Officer.(d) The Applicants shall report to the Nashik Rural Police Station, District-Nashik once every week, on every Sunday between 11.00 a.m. and 1.00 p.m. till the conclusion of the trial.(e) The Applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.Page 6 of 7
3-BA-408-2024+.DOC
Sonali
(f) The Applicants shall not tamper with the evidence and shall not contact or influence the Complainant or any witnesses in any manner.(g) The Applicants shall attend the trial regularly. The Applicants shall co-operate with the Trial Court and shall not seek unnecessary adjournments thereat.(h) The Applicants shall surrender their passport, if any, tothe Investigating Officer.
13. The Bail Applications are disposed of accordingly.
14. It is clarified that the observations made herein are prima
facie and the Trial Court shall decide the case on its own merits
and uninfluenced by the observations made in this order.
[MADHAV J. JAMDAR, J.]
Signed by: Sonali Patil Designation: PA To Honourable Judge Date: 12/02/2024 18:43:26
Page 7 of 7
1 issue framed by the court
Whether two accused whose alleged role was limited to kicks and fist blows should be enlarged on bail under Section 439 CrPC in a murder case.
1 provisions across 1 enactments
Nilesh Jivan Thorat
Santosh Mohan Thorat
The State of Maharashtra
Madhav J. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court