Niranjan Ashok Dhale v. The State of Maharashtra

Heard Mr.Sandesh Patil, learned counsel for the applicants and Mr Shinde, learned APP, for the State.

The applicants are seeking bail in C.R.No.I-96/08 of Karveer Police Station, Kolhapur. The said crime has been registered mainly under section 302 of IPC. It appears that initially the offence was registered only under section 324 since the deceased was alive. The alleged incident occurred on 17.4.2008 and the deceased died on

27.4.2008. Out of the six applicants, one is juvenile and he has already been released on bail, hence, only five applicants are before this court seeking bail in the said C.R.

From the statement of the complainant-Tanaji Kubde, it appears that all the applicants along with the 6th accused, allegedly assaulted the deceased Shankar Kubde, Rangrao Kubade, Maya Vishal Kamble, Tanya Kubde, Bhikaji Kubde, and Vishal with wooden-sticks, which they were armed with at the relevant time. The complainant in his statement has specifically stated that all these persons were assaulting the victims on their lower extremities. Except Shankar, no other victim sustained grievous injury. In other words, the injuries sustained by all the persons, except Shankar, are described by the Medical Officer as simple in nature. Insofar as Shankar is concerned, he sustained only one grievous injury on his chest, which ultimately caused his death. It is not possible from the statements of the complainant or any other witnesses, as submitted by the learned counsel for the parties, to attribute fatal blow to any particular accused. Keeping that in view and considering overall facts and circumstances of the case, prima facie, I am satisfied that none of the accused intended to kill the deceased Shankar. Hence, I am inclined to enlarge all the applicants on bail.

The applicants be enlarged on bail in the sum of Rs.25,000/- each, with one or two sureties to make up the said amount subject to the following conditions: that the applicant no.1 shall not enter Karveer Taluka till the conclusion of the trial and he shall keep informed his address to the concerned police station where he proposes to stay during this period. Insofar as applicant nos 2 to 5 are concerned, they shall report to the concerned police station every Wednesday and Saturday between 10 and 11 am till the disposal of the trial. . The trial Court shall deal with the trial without being influenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)

(D.B.BHOSALE, J.)