Sheshrao s/o Vitthal Dahiphale v. The State of Maharashtra
Case Details
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 22 BAIL APPLICATION NO.1390 OF 2021 Sheshrao s/o Vitthal Dahiphale ...Applicant Versus The State of Maharashtra … Respondent WITH CRIMINAL APPLICATION NO. 396 OF 2022 Raju ( Rajebhau ) s/o Mahadu Dahiphale ...Applicant Versus 1. The State of Maharashtra 2. Sheshrao s/o Vitthal Dahiphale … Respondents ...
Legal Reasoning
Advocate for Applicant : Mr. R. R. Deshpande h/f. Ms. Priyanka R. Deshpande APP for Respondent – State : Shri S. B. Narwade Advocate for the informant to assist APP : Shri J. M. Murkute ... CORAM : M. G. SEWLIKAR, J. DATED : 31-01-2022 PER COURT :- 1. This is an application under Section 439 of the Code of Criminal Procedure for releasing the applicant on bail in connection with Crime No. 105/2020 registered with Kingaon Police Station, District Latur under Sections 307, 325, 324, 143, 147, 148, 149, 447, 323, 504, 506 of the Indian Penal Code and 22-ba-1390-21.odt 1 of 5 Section 135 of the Maharashtra Police Act. 2. It is the case of the prosecution that informant Rajabhau Mahadu Dahiphale is the owner of agricultural land block No. 342 situated at Kolwadi. On 17th July, 2020 at 04.00 p.m. the father of the informant by the name of Mahadu was erecting fencing in the feld. Applicant-accused Somnath Vitthal Dahiphale, Vitthal Bhagoji Dahiphale, Kamalbai Vitthal Dahiphale, Janabai Sheshrao Dahiphale and Bhartibai Somnath Dahiphale came there and objected to the erection of fencing in their land. Informant, injured Ivlis Dahiphale, Bharat Dahiphale, Vidya Dahiphale and Laxmibai Dahiphale were weeding grass in the feld. On hearing screams they rushed to the spot and found that applicant assaulted injured Ivlis Dahiphale with iron rod on head. Other accused assaulted the informant, Bharat Dahiphale, Vidya Dahiphale, Vitthal Dahiphale with stone, stick and fst and kick blows. On these allegations FIR came to be lodged after eight days of the incident i.e. on 23rd July, 2020. 3. I have heard learned counsel Shri Deshpande for the applicant, Shri Narwade learned APP for the State and Shri Murkute learned counsel for the informant assisting APP. 4. Shri Deshpande submits that the applicant is behind bars since 13th October, 2020. He submits that FIR came to be 22-ba-1390-21.odt 2 of 5 lodged after eight days of the incident for which no explanation is forthcoming. The injured has been discharged from the Hospital and he is hale and hearty. There was a free fght between the two groups. Janabai the injured from the applicant's side lodged FIR against the informant and others from the side of the informant. He submits that the said Janabai and the applicant were also injured and were hospitalized for fve days. 5. Learned APP and Shri Murkute submit that Janabai lodged the report after a period of more than three months. They submit that the injured Ivlis was dealt a forceful blow on head by applicant Sheshrao Dahiphale. It was so forceful blow that the brain of injured Ivlis is damaged and he is not in a position to carry out day to day activities. They submit that even now the injured is taking treatment. They submit that the applicant if released on bail he may tamper the prosecution evidence and pressurize the witnesses. 6. Charge-sheet is fled. 7. On perusal of the charge-sheet in the crime registered on the basis of FIR lodged by Janabai and on perusal of the FIR in both the crimes and the the injury certifcates it appears that there was a free fght. From the side of the applicant there were fve people and from the side of the informant there were ten 22-ba-1390-21.odt 3 of 5 people. Medical Certifcates are produced by the applicant. It shows that Janabai had sustained injury on left side parietal region admeasuring 3 cm. X 2 c.m. X 1 cm. It was grievous injury. She had sustained injury on tooth which was also grievous. She sustained other injuries such as abrasion on right upper lips of right side. She was referred to Government Medical College for further treatment. 8. Similarly, applicant also had sustained injury on left parietal region admeasuring 3 cm. X 2 cm. X 1 cm. He was also referred to Government Medical College, Ambajogai for further treatment. There are other injured such as Vitthal Bhaguji Dahiphale and Kamalabai Vitthal Dahiphale. They had contusions and abrasions. Thus, from this position, it appears that there was a free fght between two groups. 9. Injured Ivlis Dahiphale also sustained injury on head, because of which he was hospitalized. It is seen that he sustained injury during the incident and he was operated for head injury. There is nothing on record to show that till December, 2021 he was again hospitalized. For the frst time after fling bail application it seems that he was taken to Hospital on 27th December, 2021. The certifcate shows that he was discharged on 19th January, 2022. Considering that there was free fght and as both sides had sustained grievous injuries, 22-ba-1390-21.odt 4 of 5 I am inclined to release the applicant on bail on putting stringent conditions considering the strained relations between the parties. In view of this, following order is passed :
Decision
ORDER (i) Application is allowed. (ii) Applicant be released on bail on his furnishing PR bond of Rs.60,000/- (Rupees Sixty Thousand only) with one solvent surety in the like amount in connection with Crime No. 105/2020 registered with Kingaon Police Station, District Latur under Sections 307, 325, 324, 143, 147, 148, 149, 447, 323, 504, 506 of the Indian Penal Code and Section 135 of the Maharashtra Police Act and on condition that he shall not tamper the prosecution evidence and shall not enter village Kolwadi, Taluka Ahmedpur till the conclusion of the trial except on the dates for attending the trial. (iii) It is clarifed that the observations made in the above order are restricted to the decision of this application only and the trial Court shall not get infuenced by the same and can come to its independent conclusion during trial. (iv) Criminal Application No. 396 of 2022 for assist to PP is disposed of. shp/- [M.G. SEWLIKAR, J.] 22-ba-1390-21.odt 5 of 5