Sahadev v. The State Of Maharashtra,Through Police Inspector,Rural Police Station,Dharashiv, Tq. and Dist.Dharashiv

IN THE JUDICATURE OF HIGH COURT AT BOMBAYBENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 370 OF 2025Sahadev s/o Prabhu Harale, age 48 years, Occ. Legal Practitioner,R/o Ghatrnagri (native Village), Umbre Kota, Dharashiv, Tq. and Dist. Dharashiv, At Present Residing, Kavva Road, Latur, Tq.Dist. Latur....ApplicantVERSUSThe State Of Maharashtra, Through Police Inspector, Rural Police Station, Dharashiv, Tq. and Dist. Dharashiv....Respondent…Advocate for Applicant : Senior Counsel Mr. V. D. Sapkal i/b Advocate Mr. Jadhav Narsing Bankatrao a/w Advocate Mr. M. B. KarandeAPP for Respondents-State: Mr. A. A. A. KhanAdvocate for Assist to APP : Senior Counsel Mr. V. D. Hon i/b Mr. .R P. Bhumkar…WITHCRIMINAL APPLICATION NO. 976 OF 2025 IN ABA/370/2025….CORAM : ARUN R. PEDNEKER, J.Dated : March 20, 2025.ORDER :-1.Criminal Application No.976 of 2025 is filed for Assist to the learnedAPP. Said application is allowed and disposed of.2.Heard learned Senior Counsel Mr. V. D. Sapkal for the applicant, learned APP Mr. A. A. A. Khan for the respondent-State, and learned SeniorCounsel Mr. V. D. Hon assisting the learned APP.3.The applicant is apprehending arrest in connection with FIRPage 1 of 13 ABA 370-2025No.35/2025, dated 03/02/2025, registered at Rural Police Station, Dharashiv, Taluka and District Dharashiv, for the offences punishable undersections 103(1), 118(1), 115(2), 189(2), 190, 191(2), 191(3) of BharatiyaNyaya Sanhita.4.The First Information Report was lodged on 03/02/2025 by KalpanaDilip Harale, the daughter-in-law of the deceased, regarding an incidentthat occurred on 02/02/2025 at 12:00 noon.5.In the FIR it is alleged that the informant's father-in-law, EknathBhima Harale, was returning home from the Vitthal Temple, upon reachingthe house of Sugriv Babu Thorat, Keshav Mahadev Harale came runningwith a rod in his hand and struck Eknath on the head, causing a bleedinginjury. As a result, Eknath fell to the ground, with blood oozing from hishead. At that moment, Mahadev Ravan Harale assaulted Eknath with astick on his hand and leg, while Vaishnavi Keshav Harale struck him on thehead with a stone.6.It is further alleged that Sahadev Prabhu Harale (the presentapplicant) also assaulted Eknath with a stick on his body, back, and head. Additionally, Rajubai Mahadev Harale and Hanumant Shahaji Harale abusedEknath and assaulted him with kicks and fist blows.7.Initially, the offence was registered under Section 109 of theBharatiya Nyaya Sanhita, corresponding to Section 307 of the Indian PenalPage 2 of 13 ABA 370-2025Code. However, as the injured person succumbed to his injuries on04/02/2025, Section 103(1) of the Bharatiya Nyaya Sanhita, correspondingto Section 302 of the Indian Penal Code, was subsequently invoked againstthe accused.8.A supplementary statement of the first informant was recorded, andadditional witnesses were examined on 10/02/2025. In this statement, thefirst informant named two more individuals as accused and one of the eye-witness has stated the time of the incident to between 11:00 and 11:30a.m. Total 8 accused are named in the FIR. The present applicant isaccused No. 4 and has filed this anticipatory bail application. Theapplicant/accused has been a practicing Advocate for the past 25 years.9.The primary contention of the applicant is that he has no connectionwith the crime in question or with the other co-accused, except for sharingthe surname ‘Harale,’ which is common to all the accused.10.The applicant further asserts that he has filed multiple cases againstthe informant’s family, who have lodged complaints against him. Theapplicant’s father, Prabhu Harale, filed RCS No. 30/1998 for recovery ofpossession and a perpetual injunction. The suit was decreed, and the orderwas confirmed up to the Hon’ble High Court in Second Appeal No.200/2016, vide order dated 11/08/2016. The decree was executed againstPage 3 of 13 ABA 370-2025the deceased, Eknath Harale.11.Additionally, the applicant conducted RCS No. 596/2016 on behalf ofthe plaintiff and obtained an Exh. 5 order in the plaintiff’s favor againstEknath Harale. In Criminal M.A. No. 539/2016, the learned JMFC passed anorder under Section 156(3) of Cr.P.C., leading to the registration of an FIRagainst the deceased, Eknath Harale.12.Furthermore, the applicant has initiated various legal proceedingsagainst certain police officers. The details of these cases are as follows : -Sr.No.Case Number/ Crime NumberInformant/ AccusedSections1RCC No.121/2010Adv. Sahdev Harale vs. D.S.Khatke307,325,102(B),166,504,506,34 IPC2Cri.No.595/2013Adv. Sahdev Harale vs. Babasha Sitaram Ankush392,394,397,323, 341,504,506,34 IPC3Cri.No.313/2014Adv. Sahdev Harale vs. Dilawar Pathan109,110,120(B),166, 167 IPC4Cri.No.07/2015Adv. Sahdev Harale vs. State395 IPC5Cri.No.207/2015Adv. Sahdev Harale vs. Suresh Ghadge307,342,120(B),166,167,191,195,200,511,465,466,467,468, 469,470,471,503,34 IPC6RCC No.243/2015 Adv. Sahdev Harale vs. Dipak Dhongade420, 34 IPC7Cri.No.325/2016Adv. Sahdev Harale vs. Mahadev @ Balu Laxman Chavan465,467,468,471, 420,177,181,182, 196,201,203,34 IPC8Cri.No.48/2017Adv. Sahdev Harale vs. State307 IPC9Cri.No.60/2017Adv. Sahdev Harale vs. Sambhaji Pawar395,354,323,426, 452,500,504,506, 509,120(B),166,143, 147,148,149 IPC10Cri.No.19/2017Adv. Sahdev Harale vs. State307 IPC11Cri.No.279/2019Adv. Sahdev Harale vs. Anil 324,323,341,504,506Page 4 of 13 ABA 370-2025Balwantrao KulkarniIPC12Cri.No.22/2019Adv. Sahdev Harale vs. State397, 399 IPC13RCC No.163/2015Adv. Sahdev Harale vs. vs. Dilip Dhongde420,34 IPCThe case of the applicant/accused is that there is longstandingenmity between him and the informant’s family. Additionally, he has filedmultiple complaints against police officers, and he submits that he hasbeen falsely implicated in this crime as a result. He has also representedthe other accused in cases filed by the informant in the civil matter. 13.In this background, the learned Senior Counsel Mr. V. D. Sapkal forthe applicant submits that applicant has been residing in Latur with hiswife and son since June 2024. On 01/02/2025, he was at his residence inLatur until 4:00 p.m. He further states that CCTV footage from 31/01/2025and 01/02/2025 is available to establish his presence in Latur during thatperiod.14.The learned Senior Counsel for the applicant further submits that on02/02/2025, after 11:00 a.m., applicant was at Magic Touch Hair Salon for ahaircut, as it was a Sunday. He asserts that CCTV footage from the road-facing camera would confirm his presence there. He also submits that hemade a payment of Rs.100/- to the salon owner. Thereafter, he visited afruit stall and paid Rs.100/- via PhonePe QR code at approximately 11:49Page 5 of 13 ABA 370-2025a.m.15.On that day, the applicant was experiencing dehydration. Since itwas a Sunday and private hospitals were closed, he visited VilasraoDeshmukh Government Medical College and Hospital in Latur at 12:45p.m., where he was admitted and subsequently discharged on 03/02/2025at 1:10 p.m. He submits that the medical records and the CCTV footage ofthe Government Hospital would confirm his presence.16.In view of the above, the learned Counsel for the applicant submitsthat applicant was 92 kilometers away from the place of the incident, i.e.,Ghatangri, Tq. Dist. Dharashiv (Osmanabad), at the relevant time ofincident. The applicant had submitted an application to the InvestigatingOfficer on 06/02/2025, requesting verification of his whereabouts at thetime of the incident.17.The applicant has provided a list of cases (as mentioned above) thathe has filed against police officers. Notably, in one such case, a seniorpolice officer from Dharashiv District remained in police custody for twomonths before being granted bail.18.The learned Counsel for the applicant submits that the applicant hadfiled an application before the Investigating Officer, requesting forPage 6 of 13 ABA 370-2025collection of evidence to establish his plea of alibi. This includes retrievingthe tower location of his mobile number, Call Detail Records (CDR), CCTVfootage, and his medical case papers from the Government Hospital, Latur.He also requested that the statements of the owners of Magic Touch HairSalon and Radhe Radhe Fruit Stall be recorded.19.Additionally, the applicant urged the Investigating Officer to collectCCTV footage from village Ghatangri, particularly from the locations wherethe alleged incident occurred, as Sugriv Thorat and Bhau Shahu Shinde hadinstalled CCTV cameras at their residences. Despite these requests, theprosecution, driven by malafide intent, is pressing for the applicant’scustody.20.Per contra, the learned APP relies on the order of this Court at thePrincipal Seat in State of Maharashtra vs. Laxman Kishan Shriashat, reported in 1996 Cri LJ 1282, and submits that there is eyewitnessevidence against the applicant. The informant has provided the police withthe names of three witnesses. Therefore, the defence of theapplicant/accused, claiming that he was not present at the crime scene, should not be considered at this stage of the investigation.21.The learned APP further contends that the investigation is not yetcomplete in its full-fledged form. Considering the gravity of the offence, hePage 7 of 13 ABA 370-2025urges that the anticipatory bail application be dismissed. He also submitsthat the injured was taken to the hospital, and as per the medical historyrecorded by his son, the incident occurred at 11:00 a.m. If the offenceindeed took place at that time, it would have been practically possible forthe applicant to commit the offence and then travel to Latur to fabricate aplea of alibi. The learned APP submits that there are antecedents againstthe applicant. However, the applicant is acquitted in all the cases.22.The learned Senior Counsel, Mr. V. D. Hon, appearing for theinformant, submits that the applicant has been a persistent nuisance in thehistory of Dharashiv and that multiple complaints have been filed againsthim, including by Civil Revenue Officers. However, despite the numerouscases filed against the applicant over time, he has been acquitted in all ofthem.23.The learned Senior Counsel further contends that grantinganticipatory bail to the applicant would send a wrong message to society.24.Considering the rival submissions, certain facts need to be noted. In1998, the father of the applicant had filed RCS No. 30/1998 for recovery ofpossession and perpetual injunction. The said suit was decreed in his favor, and the decree was executed against the deceased.25.In July 2000, the applicant accepted Vakilpatra and representedcases against the relatives of Eknath Bhima Harale. In RCS No. 596/2016,Page 8 of 13 ABA 370-2025the applicant, acting as an Advocate, obtained an order on Exhibit 5against the deceased Eknath Harale. Additionally, the applicant hadappeared in Criminal M.A. No. 539/2016 before the JMFC, who passed anorder under Section 156(3) of the Cr.P.C., leading to the registration of anFIR against Eknath Harale and his family.26.On 01/02/2025, the applicant claims to have been in Latur and hassubmitted certain records to the Investigating Officer. On 02/02/2025, hevisited a hair salon and made a payment of ₹100 at 11:38 a.m. by scanninga QR code on PhonePe. Thereafter, he purchased fruits from Radhe RadheFruit Stall and paid ₹100 via PhonePe at 11:49 a.m.27.It is further stated that after getting a haircut, the applicant returnedhome and, while applying hair dye, started experiencing vomiting andloose motions. He initially visited a private hospital, but as it was a Sunday, the doctor was unavailable. Consequently, he proceeded to VilasraoDeshmukh Government Medical College and Hospital, Latur, which is morethan 92 kilometers away from Ghatangri, the place of the incident.28.As the applicant did not have cash, he paid ₹20 to Mazhar Shaikh at12:38 p.m. in the Civil Hospital for issuing a case paper. He was thenadmitted to the hospital on 02/02/2025 at approximately 12:45 p.m. anddischarged on 03/02/2025 at 1:10 p.m. by the Government Hospital, Latur. Page 9 of 13 ABA 370-202529.Despite submitting these documents, the police, in the remandreport at paragraph No.7, have stated as follows : -“fnukad 06@02@2025 jksth vtZnkj@vkjksih ;kauh vWMOgksdsV ,l-ih-baxGs ;kapsgLrs iksyhl Bk.ks /kkjkf’ko xzkeh.k ;sFks lhlhVhOgh QqVst vkf.k ek>~;keksckbZyps yksdss’ku o lhMhvkj vkf.k nok[kkU;kps oS|dh; dkxni=s tIr d#ugLrxr dj.ks ckcr o tkc tckc uksanfo.ks ckcr ;k vk’k;kpk vtZ fnyk gksrk R;kvuq”kaxkus iksLVsps iksmifu culksMs ;kauk ykrqj ;sFks ikBoqu R;kauh fnysY;k fuosnukph[kkrjtek dsyh vlrk R;kauh vtZnkj@vkjksih ;kauh T;k&T;k fBdk.kh lhlhVhOghQqVst vlY;kps ueqn dsys vkgs R;k fBdk.kh tkoqu ikg.kh dsyh rlsp lk{khnkjkapstckc uksanfoys vkgsr o flOghy gkWfLiVy ykrqj ;sFks tkoqu ikg.kh dsyh vlrkvtZnkj@ vkjksih ;kaps ukokus fnukad 02@02@2025 jksth 12-45 oktrk R;kauhesMhdy dsl jsdkWMZ dza-030388 vUo;s uko uksan.kh dsyh vkgs ijarq lnjphfpB~Bhps voyksd.k djrk R;koj 01@02@2025 ;k rkj[kspk LVWai vkgs- R;kckcrvkjksih@ vtZnkj; kauk rkC;kr ?ksmqu ckjdkbZus rikl dj.ks vko’;d vkgs-”It is observed that although the document pertains to 02/02/2025 at12:45 p.m., the medical case record No. 030388 bears a stamp dated01/02/2025. As a result, the Investigating Officer pressed for the custody ofthe applicant before the Sessions Court.30.The Medical Officer of Government Hospital, Latur, has provided anexplanation regarding the discrepancy in the stamp. In a letter dated22/02/2025, the Medical Officer clarified that although the stamp was puton 02/02/2025, it inadvertently retained the previous date as no changewas made from 01/02/2025. However, he categorically stated that casepaper No. 030388 pertains to Sunday, 02/02/2025, between 12:00 to 12:30p.m. He further explained that, due to a rush at the hospital, the stampPage 10 of 13 ABA 370-2025applied was from the previous day without the date being updated. Thisinformation was formally provided by the Medical Officer to theInvestigating Officer on 22/02/2025.31.The CCTV footage from the Government Hospital is also available, and the Investigating Officer has collected documents which would primafacie establish the applicant’s plea of alibi. Notwithstanding this, i.e.despite the plea of alibi being supported by government records andcontemporary digital payment transactions, the prosecution continues topress for the custodial interrogation of the applicant. Ordinarily, this Court, in cases involving grave offences, allows the prosecution to proceed withcustodial interrogation for the purpose of investigation. However, in theinstant case, considering the rivalry between the parties and theapplicant’s previous conflicts with the police, granting custodialinterrogation may be unwarranted and potentially dangerous.32.Though the prosecution possesses evidence indicating the presenceof the applicant at another location, it continues to insist on his custodialinterrogation. It is pertinent to note that the applicant has previouslyrepresented cases against the deceased and his family members, therebyraising the possibility of false implication.33.Furthermore, the supplementary statement of the informant, recorded on 10/02/2025, does not mention that the incident occurred atPage 11 of 13 ABA 370-202511:00 a.m. The statements of other witnesses were also recorded on thesame date. In a murder case the police have recorded the statement ofeye-witnesses after eight days of incident.34.In the present factual situation, where the plea of alibi is prima facieestablished by the CCTV footage of the Government Hospital anddocumentary evidence emanating from government records, andconsidering the rivalry between the parties as well as the hostility of thepolice towards the applicant, the grant of custodial interrogation of theapplicant is not warranted. The investigation in the matter can becompleted even without the applicant’s custodial interrogation. Therefore, this Court is of the view that such interrogation is unwarranted, particularlywhen the police have not produced documentary evidence showing thatthe applicant traveled back from Ghatangri, Dist. Osmanabad, to Laturduring the daytime, whether through CCTV footage, mobile locationrecords. This Court is of the prima facie view that the applicant has beenfalsely implicated in the offence.35.In view of the above, the application is allowed in the followingterms: -i]In the event the applicant is arrested in connection with FIRNo.35/2025, dated 03/02/2025, registered at Rural Police Station, Dharashiv, Taluka and District Dharashiv, for the offences punishableunder sections 103(1), 118(1), 115(2), 189(2), 190, 191(2), 191(3) ofBharatiya Nyaya Sanhita, he shall be released on bail on furnishingPage 12 of 13 ABA 370-2025PR bond of Rs.20,000/- with one or two sureties in the like amount tothe satisfaction of the trial Court. ii]The applicant shall attend the police station as and whencalled by the police. iii]The applicant shall not tamper with the evidence of theprosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case. iv]The applicant shall co-operate with the investigation and alsoin the proceedings before the trial Court. 36.In the event, the applicant violates any of the conditions specified inthis order, it shall be liable to be cancelled. 37.It is also clarified that the observations made in this order are limitedto the disposal of the present anticipatory bail application and the trialCourt shall proceed further in the matter without being influenced by theobservations made hereinabove. 38.The application stands disposed of.( ARUN R. PEDNEKER, J. )vj gawade/-.Page 13 of 13