High Court
Legal Reasoning
593.2024BA+-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD914 BAIL APPLICATION NO. 593 OF 20241.Kailas Bhaurao Shinde2.Prabhakar Kaduba Shinde3.Aabarao Kashinath Shinde..APPLICANTS -VERSUS-1.The State of Maharashtra2.Superintendent of Police..RESPONDENTS ...WITHBAIL APPLICATION NO. 550 OF 20241.Padmabai Pundlik Shinde 2.Gayabai Vishwnath Shinde 3.Radhabai Waluba Shinde4.Indirabai Rangnat Ugale ..APPLICANTS -VERSUS-1.The State of Maharashtra2.Superintendent of Police..RESPONDENTS WITHBAIL APPLICATION NO. 551 OF 20241.Rangnath Trimbak Ugale 2.Amol Rangnath Ugale @ Patil ..APPLICANTS -VERSUS-1.The State of Maharashtra2.Superintendent of Police..RESPONDENTS
Legal Reasoning
593.2024BA+-2- WITHBAIL APPLICATION NO. 625 OF 2024Aaba Pundlik Janjal ..APPLICANT -VERSUS-1.The State of Maharashtra2.Superintendent of Police..RESPONDENTS ...Advocate for Applicant : Mr. Ghanekar Nilesh S.APP for Respondent/State : Mr.R.D. Raut Advocate for Assist to P.P. : Mr. A. K. Bhosle ….. CORAM : SANJAY A. DESHMUKH, J. DATED : 23rd APRIL, 2024. PER COURT :- 1.The applicants are seeking bail under section 439 of theCriminal Procedure Code, 1973 (for short, “Cr.P.C.”). The applicantshave been arrested in connection with crime No.0072 of 2024registered with Sillod Rural Police Station, Dist. Aurangabad, for theoffences punishable under sections 302, 307, 452, 324, 323, 143,147, 148, 149, 504, 506 of the Indian Penal Code. 2.Informant averred in the report that his brother Vishalwas having love affair with the niece of Sachin Tatyarao Jangaleresident of Sarola, Tq. Kannad. Both the sides are not agree formarriage. However, her marriage was performed. 3.On 24.02.2024, the main accused Sachin Jangle alongwith Ankush Jangle, real brothers came to the house of informant at 593.2024BA+-3- about 7.30 to 8.00 a.m. and dragged his father and Vishal out of thehouse. Sachin and Ankush took out the knife and assaulted Vishaland his father Eknath. Vishal sustained injury to his left wrist andstomach by that knife and he died on the spot. Eknath sustainedinjury to his stomach. It is also averred in the report that applicantPadmabai, Gayabai and Radhabai also entered into the house ofinformant. They assaulted Vishal. It is alleged that the applicantPadmabai and Gayabai twisted the private part of Vishal during theincident and also they assaulted by sticks to the informant andothers. Thereafter, they ran away by the car. Accordingly, the reportwas lodged and the applicants were arrested. 4.The learned advocate for the applicants submitted thatmain assailants Sachin and Ankush, who assaulted Vishal and hisfather by knife are not applicants. As far as role of all the applicantsare concerned except Padmabai and Gayabai, it is alleged that someof the applicants assaulted informant and witnesses by sticks. Thename of Amol Ugale- applicant in Bail Application No.551 of 2024 isnot mentioned in the report. He submitted that application wassubmitted to the Investigating Officer to call the call details of some ofthe applicants as they were not present there. He pointed out that tilltoday those call details are not collected by the Investigating Officer.Mobile shooting has displayed in the Court while hearing thisapplications, however, that is not helpful to ascertain role of particular 593.2024BA+-4- applicants. He further submitted that except Sachin and Ankush,other applicants are falsely involved in the crime. Practicalinvestigation is over. The applicants in Bail Application No.550 of2024 are women. The applicants have roots in the society. Theapplicants will not flee away from the trial. The trial will take longperiod. He, therefore, lastly prayed to allow the applications. 5.The learned APP for the respondent-State stronglyopposed the applications and pointed out the postmortem report,injury certificate and statements of the witnesses. He further pointedout the spot panchanama by which the sticks are seized from thespot of incident. He submitted that the applicants are booked forserious crime for which punishment of life imprisonment isprescribed. He therefore lastly prayed to reject the applications. 6.The learned advocate for assisting to the prosecutionstrongly opposed the applications and submitted that the applicantsare involved in the serious crime. Section 149 of the Indian PenalCode is invoked against the applicants. He is relying upon theauthority in the case of Parshuram V/s State of Madhya Pradeshreported in AIR 2023 SC 5685, in which law is laid down that as persection 149 of the Indian Penal Code, in unlawful assembly, it is notnecessary that every person constituting unlawful assembly mustplay an active role for convicting him with the aid of section 149 ofthe Indian Penal Code. He lastly submitted that the investigation is 593.2024BA+-5- not over. If the applicants are released on bail, they will certainlytamper with the prosecution evidence and pressurize the prosecutionwitnesses. He lastly prayed to reject the applications. 7.Perused the papers of investigation, particularly thepostmortem report and injury certificate. The spot panchanama isdrawn up. The statement of injured Eknath shows that all theapplicants particularly the lady applicants are involved in the crime.His statement is recorded after more than one month. As far as thesticks used for commission of crime, there is no such swelling injurysustained to anybody. At this stage, meticulous consideration ofevidence is not proper. However, considering the peculiar set of thefact particularly the practical investigation is over, the custody of theapplicants is not necessary for further investigation, the applicantshave roots in the society, the applicants will not flee away from thetrial and the trial would take long period, the applicants deserve to bereleased on bail on the principle that bail is rule and jail is exception,on certain stringent conditions. Hence, the following order. O R D E RI.Applications are allowed.II.The applicants in connection with crime No.0072 of 2024registered with Sillod Rural Police Station, Dist. Aurangabad,for the offences punishable under sections 302, 307, 452, 324,323, 143, 147, 148, 149, 504, 506 of the Indian Penal Code be 593.2024BA+-6- released on bail on furnishing personal bond of Rs.50,000/-each with one surety of the like amount by each of them onfollowing conditions:- a)The applicants shall not pressurize the prosecutionwitnesses and shall not tamper with the prosecutionevidence in any manner. b)The applicants shall not enter in village PimpalgaonGhat, Kelgaon, Tq.Sillod, Dist. Aurangabad, till theconclusion of the trial. c)The applicants shall attend the trial regularly. III.If any breach of the above conditions is noticed by the trialCourt, the trial Court is at liberty to cancel the bail granted to theseapplicants without further reference to this Court. IV.All the above observations are prima facie in nature for thepurposes of deciding the bail applications and the trial Court shall notget influenced by the same at the time of final hearing of the case. (SANJAY A. DESHMUKH, J.) sga