High Court · 2025
Legal Reasoning
BA.380.2025 & BA.379.2025-1-IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADBAIL APPLICATION NO. 380 OF 2025WITH CRIMINAL APPLICATION NO. 899 OF 20251.Shri Ajay Zulu S/o. Devidas Gavit, Age : 22 years, Occu. : Agriculture, R/o. Pinjarzadi, Tq. Sakri, Dist. Dhule.2.Shri Pravin S/o. Mahadu Bagul, Age : 41 years, Occu. : Agriculture, R/o. : Pinjarzadi, Tq. Sakri, Dist. Dhule. 3.Shri Tushar S/o. Dilip Gavit,Age : 24 years, Occu. : Agriculture, R/o. Pinjarzadi, Tq. Sakri, Dist. Dhule.4.Shri Prakash S/o. Subhash Gavit, Age : 48 years, Occu. : Agriculture, R/o. Pinjarzadi, Tq. Sakri, Dist. Dhule.… ApplicantsVersus1.The State of Maharashtra, Through Police Inspector, Sakri Police Station, Tq. Sakri,Dist. Dhule. 2.The Superintendent of Police, Tq. Sakri, Dist. Dhule.… Respondents.WITHBAIL APPLICATION NO. 379 OF 2025WITH CRIMINAL APPLICATION NO. 901 OF 20251.Shri Rakesh Laxman Gavit,Age : 22 years, Occu. : Agriculture, R/o. Pinjarzadi, Tq. Sakri, Dist. Dhule.2.Shri Lahu S/o. Waman Gavit, Age : Major, Occu. : Agriculture, R/o. Pinjarzadi, Tq. Sakri, Dist. Dhule
Legal Reasoning
BA.380.2025 & BA.379.2025-2-3.Shri Nitin Sanjay Mahale, Age : 24 years, Occu. : Agriculture,R/o. Pinjarzadi, Tq. Sakri, Dist. Dhule. 4.Shri Rohit @ Ratilal S/o. Ravindra Gavit,Age : 22 years, Occu. : Agriculture, R/o. Pinjarzadi, Tq. Sakri, Dist. Dhule.5.Shri Mayur S/o. Dilip Gavit, Age : 22 years, Occu. : Agriculture, R/o. Pinjarzadi, Tq. Sakri, Dist. Dhule.6.Shri Kantilal S/o. Ramesh Gavit, Age : 31 years, Occu. : Agriculture, R/o. Pinjarzadi, Tq. Sakri, Dist. Dhule.7.Shri Jitendra S/o. Choturam Bagul, Age : 42 years, Occu. : Agriculture, R/o. Pinjarzadi, Tq. Sakri, Dist. Dhule.… ApplicantsVersus1.The State of Maharashtra, Through Police Inspector, Sakri Police Station, Tq. Sakri, Dist. Dhule. 2.The Superintendent of Police, Tq. Sakri, Dist. Dhule.… Respondents…..Mr. Nilesh N. Desale, Advocate for Applicants in BA/380/2025 &BA/379/2025Mr. N. D. Batule, APP for Respondent – State.Mr. S. R. Zambare, Advocate for Applicant - Informant (Asst to APP)in APPLN/899/2025 & APPLN/901/2025…..CORAM : ABHAY S. WAGHWASE, J.RESERVED ON : 18 MARCH 2025PRONOUNCED ON : 20 MARCH 2025 BA.380.2025 & BA.379.2025-3-ORDER : 1.Both above applications are for grant of regular bail onaccount of arrest of applicants in Crime No.0334 of 2024 registeredat Sakri Police Station, District Dhule for offence punishable undersections 103(2), 189, 190, 191(1), 192, 194, 352 and 115-2 of theBharatiya Nyaya Sanhita.2.Criminal Application Nos.899 of 2025 and 901 of 2025are allowed. The original complainant is permitted to assist thelearned A.P.P.3.Learned counsel for applicants submitted that, applicantsare falsely implicated without assigning specific roles. That, almost15 persons are involved. Learned counsel took this court throughthe FIR dated 28.09.2024 and would submit that, though there areallegations of strangulation, giving kicks and fist blows, but there areno marks on the neck. According to him, main accused are accusedno.1 and accused no.14. He further submitted that though there areallegation of strangulation, giving kicks and fist blows, but death isattributed due to contusion to kidney and according to him, deceasedinconsistent with the allegations of assault. That, moreover nowinvestigation is over and charge sheet is already filed in December2024 and when no further recovery or discovery is to be made, BA.380.2025 & BA.379.2025-4-learned counsel seeks grant of relief of bail. 4.Learned APP as well as learned counsel for informanthave both strongly opposed on the ground that, in cruel and brutalmanner, Shubham Gawali was done to death. That, they both tookthis court through the post mortem report. According to both ofthem, there are direct eye witnesses. Statements of eye witnessesare already recorded under section 164 of Cr.P.C. That, afterhatching conspiracy, above crime is committed. Both learned APP aswell as learned counsel took this court through statements of KalibaiBagul, Suresh Bagul and Sunita Bagul. According to them, allapplicants are also responsible for the death. They also furtherapprehend the possibility of misuse of the liberty. For above reasons,they both opposed grant of bail.5.Perused the FIR as well as police papers. FIR dated28.09.2024 is at the instance of Ramchandra Sabale. He has namedalmost 15 persons regarding occurrence dated 28.09.2024 allegingfor not including name in the housing scheme, he was beaten by fistand kick blows. On intervention of Shubham Gawali, he was throttledand beaten till he fell unconscious. After he was taken to hospital, hewas reported to be dead. Learned APP as well as learned counsel forinformant submit that, there is direct eye witness account and BA.380.2025 & BA.379.2025-5-statement of eye witnesses are also brought to the notice of thiscourt. On going through the statement of one eye witness namelySunita, it seems that, on 28.09.2024 at around 12:30 noon,Ramchandra Sabale came to their hotel. She saw crowd near thehotel and quarrel going on and therefore, she went there. She claimsthat she saw Ramchandra Sabale was beaten by fist and kick blowsand thereafter quarrel was separated. She stated that, shortlythereafter again there was beating to him. At that time, ShubhamGawali reached there and went to intervene and separate them. Thattime, it is alleged that Ashok Waman Gavit caught Shubham by histhroat and Mangesh Gaikwad punched in the abdomen of thedeceased, as a result of which, he fell unconscious. Though afterautopsy, opinion is shown to be reserved and viscera and articlespreserved for chemical analysis and organs pieces preserved forhistopathology examination, final post mortem certificate seems to beissued and wherein histopathology findings revealed “congestion,edema and hemorrhage to lungs, sinusoidal congestion to liver;congestion to spleen; congestion and occasional sclerosed glomerulusto kidney; cerebrum section shows meninges showing congestion andhemorrhage and cerebral parenchyma shows few areas ofsubarachnoid hemorrhage and congested blood vessels; Cerebellumsection shows meninges showing congestion and sparse mononuclearinfiltrate, cerebellar parenchyma shows occasional tiny area of BA.380.2025 & BA.379.2025-6-subarachnoid hemorrhage and congested blood vessels.”6.Therefore, here, report is primarily by Ramchandra, whohimself was beaten by persons named in the FIR. Apart fromstatements of eye witnesses, there is statement of this witness undersection 164 of Cr.P.C.7.There are allegation that life of a person, who had come toseparate, has been taken, by alleged beating by 14 to 15 persons,though prima facie distinct roles are not coming, they are named byeye witnesses to have indulged in above beating. Therefore, takingthe above material into consideration, this court does not find it a fitcase at this stage.8.Both applications are rejected. (ABHAY S. WAGHWASE, J.) Tandale