1. Nagesh @ Yogesh Parshuram Tungar 2. Prakash Dursha Pawara 3. Akash Satilal Bhil v. The State of Maharashtra
Case Details
925-BA-1679-2023.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 1679 OF 2023 1. Nagesh @ Yogesh Parshuram Tungar 2. Prakash Dursha Pawara 3. Akash Satilal Bhil 4. Macchindra Narayan Bhil 5. Macchindra Shivaji Bhil 6. Dipak Udaysing Bhil 7. Samadhan Rajendra Bhil 8. Inder Ambar Bhil 9. Avinash Rajendra Bhil … Applicants Versus The State of Maharashtra … Respondent … WITH BAIL APPLICATION NO. 1692 OF 2023 1. Kailash Raju Deshmukh 2. Mohan Laxman Gaikwad 3. Prakash Rama Kokani 4. Chotu Rajaram Gopal 5. Himmatrao Vishnu Bhoye 6. Rajendra Arun Kokani 7. Vishwas Santosh Gaikwad … Applicants Versus The State of Maharashtra … Respondent 1/8 925-BA-1679-2023.odt WITH BAIL APPLICATION NO.1690 OF 2023 1. Sundarlal Saymal Pawara … Applicant Versus The State of Maharashtra … Respondent
Legal Reasoning
Having considered the submissions advanced, it is apparent that, the FIR is lodged against in all 200 plus accused 6/8 925-BA-1679-2023.odt persons and 64 accused persons are named in the FIR. The close scrutiny of the FIR would show that no specifc role is attributed against the applicants except there presence on the spot. All the witnesses are the police ofcers. The perusal of the medical papers show that except one, all the police ofcers have sufered simple injuries. The seizure of weapons is shown from the spot. The applicants were remanded to police custody. The investigation as regards to the recovery of incriminating material is already complete. The applicants are behind the bars for more than two months. In the aforesaid background, the further detention of the applicants would not be necessary. However, in the interest of prosecution and to avoid recurrence of the similar incident, it would be proper to impose certain conditions. In that view of the matter, the case is made out for grant of bail. Hence, following order: (I) Bail Applications are allowed.
Arguments
… Ms. S. N. Suryawanshi a/w Mr. S. N. Suryawanshi, Advocate for the Applicants in BA No.1679/2023 Mr. S. S. Ghodke, Advocate for the Applicants in BA Nos.1692/2023 and 1690/2023 Mr. S. B. Narwade, APP for the Respondent/State … CORAM : S. G. CHAPALGAONKAR, J. DATE : 18.10.2023 PER COURT : 1. Heard the learned Advocates appearing for the applicants and learned APP for the respondent/State. 2. By these applications, the applicants seek regular bail in connection with Crime No.188/2023 dated 11/08/2023, registered with Shirpur Taluka Police Station, District Dhule, for the ofences punishable under Sections 353, 307, 143, 144, 147, 148, 149, 341, 324, 326, 336, 337, 332, 427 of the Indian Penal Code, Section 7 of the Criminal Law Amendment Act, Section 3 of the Damage of Public Property Act, Section 37(1)(3) and 135 of Maharashtra Police Act and Section 4/25 of the Arms Act. 2/8 925-BA-1679-2023.odt 3. The investigation was set in motion on the basis of information given by Assistant Sub-Inspector [ASI], namely, Mr. R. N. More dated 11/08/2023. He alleges that, on 10/08/2023, a telephonic message was received that, the Adivasi community and Charan community are disputing over the banner. It is alleged that, some banner erected by Adivasi community was torn by the members of Charan community in Charanwada at village Sangavi. It is further alleged that, the informant and other police ofcers reached to village Sangavi. They found that, the mob of Adivasi community armed with sticks, bricks, sword and stones was standing at Joyada Phata. Similarly, the mob of Charan community was present and they were pelting stones and bricks towards each other. The police ofcers tried to intervene and give understanding to the leaders of group to stop the quarrel. However, there was no response. The senior police ofcer reached to the spot and attempted to resolve the dispute. However, the mob of Adivasi community entered in the locality of Charan community and progressed causing damage to the property. After police raised lathi charge, the mob was dispersed. It is further alleged that, approximately 140 to 150 persons formed unlawful assembly on Mumbai to Agra National Highway near Sanghavi bus stand and blocked the road. The senior 3/8 925-BA-1679-2023.odt police ofcer as well as the local MLA intervened and appealed to mob to desist from creating hurdles in the flowing trafc or causing damage to the public property. However, enraged mob damaged the vehicles of police and local MLA by pelting stones. It is further alleged that, because of in discriminant stones pelting by the mob and attack of deadly weapons, as many as nineteen police ofcers sustained injuries. The huge damage is caused to police vehicles. Finally, the police used tear gas and raised lathi charge to disperse the mob. Thirteen persons out of unlawfully assembled mob were arrested on the spot. The informant identifed some amongst participants of commotion. With the aforesaid information, Crime No.188/2023 has been registered with Police Station Shirpur, District Dhule, against in all 64 named accused persons and 142 to 150 unnamed accused. 4. The applicants have been arrested immediately from the spot on 10/08/2023. Since then, they are behind the bars. The plea of the applicants for grant of bail has been negatived by the Sessions Court vide order dated 08/09/2023. Hence, the present applications for grant of bail. 4/8 925-BA-1679-2023.odt 5. Ms. Suryawanshi, learned Advocate appearing for the applicants in Bail Application No.1679/2023 vehemently submits that, there is delay in lodging the FIR. Although the applicants are arrested on 10/08/2023, the FIR is belatedly registered on the next day. She would submit that although the applicants are named in FIR, no specifc attributions are made against them. The investigation in the matter is almost complete. She would invite attention of this Court to the order dated 11/10/2023, passed in Anticipatory Bail Application No.1656/2023, to contend that, this Court granted pre-arrest protection to the accused persons in the present crime with observation that, there are no specifc attributions against the accused. She would submit that, the applicants are behind the bars for more than two months. Further detention of the applicants would not be necessary. The applicants are ready to abide by any conditions as imposed by this Court. Hence, she urges to grant bail. 6. Mr. Ghodke, learned Advocate appearing for the applicants, in Bail Application Nos.1692/2023 and 1690/2023, subscribes to the submissions advanced by the learned Advocate in Bail Application No.1679/2023. He would further add that even some of the applicants in Bail Application Nos. 1692/2023 and 1690/2023 are not named in 5/8 925-BA-1679-2023.odt the FIR. He would submit that in absence of specifc attributions against the individual wild, the allegations are made against the applicants being members of mob of about 200 persons. It is difcult to identify the persons who were in fact raising the commotions or causing damage to the property. The arrest of the applicants is on suspicion. He would therefore submit that the applicants are entitled for enlargement on bail. 7. Learned APP strongly opposes the prayers. He would invite attention to the statement of injured police ofcers, wherein, the allegations are made that the applicants and others were holding deadly weapons and they obstructed the public servants from performing their duties. He would submit that as many as nineteen police ofcers are injured. Some of them have sufered grievous injuries. The huge loss to the public properties is caused, which is estimated in lakhs. He would further submit that the investigation in the matter is still in progress. Some of the accused persons are yet to be arrested. The release of the applicants may invite recurrence of the similar incident. Hence, he urges to reject the application. 8.
Decision
ORDER (ii) The applicants, in Bail Application No.1679/2023, namely, (1) Nagesh @ Yogesh Parshuram Tungar, (2) Prakash Dursha Pawara, (3) Akash Satilal Bhil, (4) Macchindra Narayan Bhil, (5) Macchindra Shivaji Bhil, (6) Dipak Udaysing Bhil, (7) Samadhan Rajendra Bhil, (8) Inder Ambar Bhil and (9) Avinash Rajendra Bhil, applicants, in Bail Application No.1692/2023, namely, (1) Kailash Raju Deshmukh, (2) 7/8 925-BA-1679-2023.odt Mohan Laxman Gaikwad, (3) Prakash Rama Kokani, (4) Chotu Rajaram Gopal, (5) Himmatrao Vishnu Bhoye, (6) Rajendra Arun Kokani, (7) Vishwas Santosh Gaikwad and applicant in Bail Application No.1690/2023, namely, Sundarlal Saymal Pawara, be released on bail in connection with Crime No.188/2023 dated 11/08/2023, registered with Shirpur Taluka Police Station, District Dhule, for the ofences punishable under Sections 353, 307, 143, 144, 147, 148, 149, 341, 324, 326, 336, 337, 332, 427 of the Indian Penal Code, Section 7 of the Criminal Law Amendment Act, Section 3 of the Damage of Public Property Act, Section 37(1)(3) and 135 of Maharashtra Police Act and Section 4/25 of the Arms Act, on furnishing P.B. and S.B. of Rs.50,000/- (Rs. Fifty Thousand) each on the following conditions: (a) The applicants shall not tamper with the prosecution evidence / witnesses in any manner. (b) They shall not indulge in similar ofence. (c) They shall not enter the jurisdiction of Shirpur Taluka, till fling of charge-sheet. (d) After fling of charge-sheet, they shall attend each and every efective date before the Trial Court. (iii) Bail Applications are disposed of accordingly. Sameer [S. G. CHAPALGAONKAR] JUDGE 8/8