Rajkumar Nagnath Pawar v. The State of Maharashtra
Case Details
BA-725,726,950,951-2022.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 725 OF 2022 1. Shubham Chima Gaikwad 2. Rushikesh Bapu Shewale 3. Nagesh Gopal Nilewad 4. Rajkumar Nagnath Pawar Versus The State of Maharashtra … Applicants … Respondent AND BAIL APPLICATION NO. 726 OF 2022 1. Rushikesh Bapu Shewale 2. Nagesh Gopal Nilewad 3. Rajkumar Nagnath Pawar 4. Shubham Chima Gaikwad Versus The State of Maharashtra … Applicants … Respondent AND BAIL APPLICATION NO. 950 OF 2022 Sunil Arvind More Versus The State of Maharashtra … Applicant … Respondent AND BAIL APPLICATION NO. 951 OF 2022 Sunil Arvind More Versus The State of Maharashtra … Applicant … Respondent
Legal Reasoning
.… Mr. V. P. Kadam, Advocate for applicants in BA/725/2022 and BA/726/2022 Mr. G.L. Kedar, Advocate for applicants in BA/950/2022 and BA/951/2022 Mr. N. T. Bhagat, APP for respondent - State .… 1 of 7 (( 2 )) BA-725,726,950,951-2022 CORAM : R. G. AVACHAT, J. DATED : 15th JULY, 2022 PER COURT :- . All these four bail applications are being decided by this common order since the applicants therein have been arrested in connection with two crimes, namely Crime No.0073/2021, registered at Shirur Anantpal Police Station, District Latur, for the offence punishable under Section 395 of the Indian Penal Code and another Crime No.0088/2021, registered at Nilanga Police Station, Taluka Nilanga, District Latur, for the offence punishable under Section 397 of the Indian Penal Code. 2. First Information Report (FIR) No.88/2021 registered with Nilanga Police Station has been lodged by one Sunil Rajput on 31.03.2021. It has been alleged in the FIR that he was serving with paver blocks manufacturing unit situated along Latur – Nilanga road. The informant hails from Uttar Pradesh. His two friends, namely, Manojkumar and Jitendra were also serving with him at the said unit. On 30.03.2021, they did their job all day. By 5.00 in the 2 of 7 (( 3 )) BA-725,726,950,951-2022 evening, they took bath. Prepared meal. They left their unit as his two other friends were to answer natures call. It was about 7.45 p.m. They, therefore, started towards open place near Idgah ground. Six persons on three motorcycles were approaching from Latur side. They stopped at the informant’s friends. All of them fished out sickles. They caught hold the informant’s two friends. The informant intervened. All the three were manhandled and beaten up with slaps and fists. One of the six culprits assaulted the informant on his left palm. Little fingre of the informant suffered grievous injury. The six culprits robbed the informant of his cell-phone worth Rs.7,000/-, his Aadhar card and wallet, containing other papers. All the six then went away on their motorbike towards Latur side. The informant lodged the FIR on the following day i.e. on 31.03.2021 by 3.30 p.m. 3. Another crime bearing Crime No.0073/2021, came to be registered at the instance of informant Pradip Kadam. It is in his FIR that he was serving with one shop at Latur. He stays at Hanmantwadi. On 30.03.2021, by 9.00 p.m., he was on his way home. His job was over. On way home, six persons on two motor vehicles, namely Scooty and motorbike intercepted him. Four of them got down from the vehicles. They pushed down the informant’s 3 of 7 (( 4 )) BA-725,726,950,951-2022 motorbike. One of them gave him threats at sickle point. The informant was robbed of a sum of Rs.1,500/- and the cell-phone worth Rs.14,000/-. Then the culprits went away. 4. The informant came to his village and related his friends what had happened with him. The villagers started taking search for the culprits. The informant came to Nitur Police Chowki. The police accompanied him to the scene of offence. He realised that his friends overpowered one of the culprits at Tajpur Pati. Informant identified the scooty on which the culprits had come. In the dicky of the scooty, two number plates were found. Culprit gave his name as Rushikesh (applicant No.1 in BA/726/2022). He gave names of his five associates. 5. Both the crimes were investigated. All the culprits (applicants herein) and one Ashok Shinde, came to be arrested. Test identification (T. I.) parade was held. They have been identified. Cell-phones have been recovered. On investigation, they have been proceed against by filing the charge-sheets. 6. The learned Advocates for the applicants would submit that the applicants are in the age group of 20 – 23 years. Out of 4 of 7 (( 5 )) BA-725,726,950,951-2022 them, four applicants hail from district Pune and one from district Latur. They have been behind the bars for little over one year. Co-accused Ashok Shinde has been granted bail. They, therefore, urged for grant of application. 7. The learned APP would, on the other hand, submit that the youngsters took up a job of committing robberies. The applicants have been identified in the T. I. parade. Four applicants hail from district Pune. If they are granted bail, they would again indulge in similar crimes. The learned APP, therefore, urged for rejection of the applications. 8. Considered the submissions advanced. Perused both the FIRs and the police papers. In the FIR lodged by Sunil Rajput, neither the names nor the description of the culprits have been given. Same is the case about the FIR lodged by Pradip Kadam. The applicant Rushikesh was arrested by the villagers. He was beaten up, from whom the names of other culprits were disclosed. It is stated that in the T. I. parade, all the applicants have been identified. The learned Advocates for the applicants took exception to the T. I. parade contending that the rule that dummies are to be in the ratio 5 of 7 (( 6 )) BA-725,726,950,951-2022 1 : 5 was not adhered to. Only one dummy as against one culprit was made to stand in the row. The Executive Magistrate who conducted the T. I. parade has offered an explanation that due to outbreak of Covid, he did not adhere to the proportion of five dummies as against one culprit to be identified. Be that as it may. The applicants are in the age group of 20 – 23 years. The investigation has been over. Charge-sheets have been filed. Considering the nature of evidence and the fact that it will take time for commencement and conclusion of trial, I am inclined to grant them bail. Hence, following order:
Decision
O R D E R (i) The Bail Applications are allowed. (ii) The applicants be released on bail in connection with Crime No.0073/2021, registered at Shirur Anantpal Police Station, District Latur, for the offence punishable under Section 395 of the Indian Penal Code and Crime No.0088/2021, registered at Nilanga Police Station, Taluka Nilanga, District Latur, for the offence punishable under Section 397 of the Indian Penal Code, on their executing P. R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) each with surety bond each of the like amount. 6 of 7 (( 7 )) BA-725,726,950,951-2022 (iii) The applicants in B.A.No.725/2022 and B.A.No.726/2022 shall attend the Police Station at Loni Kalbhor, District Pune, on every Wednesday and Sunday between 8.00 p.m and 9.00 p.m. till next eight months. (iv) The applicant in B.A. No.950/2022 and B.A. No.951/2022 shall attend the Police Station at Nilanga, District Latur, on every Wednesday and Sunday between 8.00 p.m and 9.00 p.m. till next eight months. (v) The applicants shall not tamper with the prosecution evidence. SMS [ R. G. AVACHAT, J. ] 7 of 7