Vikas Sitaram Zuge v. The State of Maharashtra

1. Shri. Chandrakant Kamlakar Pingale,

2. Shri. Umesh Balaram Pingale .. Applicants. V/s. The State of Maharashtra .. Respondent. Mr. Ujjwal Agandsurve and B. R. Patil, for the Applicant in Application No.1897 of 2012. Mr. Rahul Thakur a/w Ms. Roman Belief for the Applicant in Application No.1733 of 2012. Mr. A. P. Mundargi, Senior Counsel, i/by Yashashree Munde, for the Applicant in Application No.1759 of 2012. Mrs. U. V. Kejariwal, APP for the Respondent - State in Application No.1897 of 2012. Mrs. G. P. Mulekar, APP for the Respondent - State in Application No.1733 of 2012. Mr. Rajesh More, APP for the Respondent - State in Application No.1759 of 2012. CORAM : R.C.CHAVAN, J. DATE : 18th December, 2012 BA-G-1897 OF 2012 P.C.

1. These are three applications for bail by accused Nos 2, 3, 4 and 5, in Sessions Case No.69 of 2012, before the Court of Sessions, Alibag, District: Raigad. The prosecution case is that the victim Bharat Gajanan Karawkar, was a drunkard. He had some disputes with accused No.1 Jagdish Zuge, on account of some bullocks. On 14th February, 2012, five accused persons are supposed to have taken victim Bharat with them at about

12.00 noon. There was some quarrel between Bharat and Pralhad Zuge on the night of 14th February, 2012 in which both Jagdish Zuge and victim Bharat had suffered several injuries and both of them had been taken to Panvel City Police station. Then they have been sent for treatment to Rural Hospital at Panvel. Bharat was examined at 5.10 a.m. on 15.2.2012 with the history of assault by known persons at 3.00 a.m. The Medical Officer, observed hematoma in occipital region, contused lacerated wound with defused swelling in left parietal region, fracture on 2nd, 3rd, metacarpal bone, contusion on the left arm 1cm x 4 cm. Jagdish Zuge also seems to have been taken for treatment and Jagdish was possibly taking treatment when the second incident took place. He has been admitted to bail by the learned trial Judge. After this incident, it is alleged that on 15.2.2012 at

11.00 a.m. when Bharat was returning to his house, applicants chased him. Bharat, therefore, was roaming in Panvel Koliwada BA-G-1897 OF 2012 area. Bharat's relations state that they suddenly spotted Bharat outside the house at 6.00 p.m. and noticed applicants beating him up. The applicants had taken away Bharat in car bearing No. MH-46-N-0557. The dead body of Bharat was found at about 7.00 p.m. Inquest was performed between 8.30 to 9.00 p.m. The postmortem examination was conducted at 12.30 noon next day. In the postmortem examination, the Surgeon found contused lacerated wound on parietal region of dimensions 4 cm x ¼ cm x ¼ cm, hematoma on left occipital region 6 cm x 4 cm, contusion on left arm lateral aspect 10 cm x 4 cm, contusion over swelling on left hand with dimension 4 cm x 4 cm, contusion on left supra scapular region 10 cm x 6 cm, and contusion on right supra scapular region 8 cm x 4 cm. The cause of death was asphyxia due to drowning with injury to brain following head injury. Final opinion, was however, reserved. The investigating officer made some queries on

21.3.2012, which were replied by the Doctor on the same day. He informed among the other things that injury No.2 i.e. hematoma on left occipital region, was different from the injuries mentioned in the Medico Legal Certificate. Apart from the first informant Murlidhar's report which was given on

19.3.2012, there are statements of his family members, Parvati, Bala and Savita which are similarly worded showing that on

15.2.2012 at about 6.00 p.m. they noticed the applicants taking BA-G-1897 OF 2012 away victim. There is similar statement of one Balkrishna Zuge recorded on 16th April, 2012.

2. Learned counsel for the applicants submits that except for slender evidence about applicants being last seen together with victim, there is absolutely no evidence to connect the applicants to crime. They state that this evidence is also collected one month after the incident. The explanation given by the first informant and his relations is that the accused persons had created a reign of terror in the village. It is not clear as to how the reign of terror evaporated after a month. It is also not clear as to how in such a reign of terror the victim had gone to the police station on the incidental morning on being injured.

3. The learned APP upon instructions from the Investigating officer informs that the way from the house of the victim to the creek where the victim was drowned, was in fact Panvel Uran Highway which has heavy traffic and the time when victim was taken was 6.00 p.m. Learned counsel for the applicant submits that it is curious that the victim's being carried forcibly by the applicants in a car was not noticed by anyone in this 2 Kms stretch of the highway. Considering the nature of evidence collected and since investigation is complete and chargesheet has already been filed, the applicants' being in BA-G-1897 OF 2012 custody pending trial may not be necessary. In view of the applicants' chargesheeted in above Sessions Case be released on bail on their furnishing P. R. bonds in the sum of `25,000/- by each of them with one or more solvent sureties in the sum aggregating to `25,000/- by each of them on the condition that they shall attend the concerned police station every Sunday between 10.00 a.m. to 1.00 p.m. till the trial is over and shall scrupulously keep themselves away from all the prosecution witnesses. Applications are disposed of accordingly. (R.C.CHAVAN, J.)