Vitthalrao s/o Nagorao Hodgir Sau. Shivnanda w/o Gajanan Hodgir v. The State of Maharashtra
Case Details
- 1 - ba1607.21.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 1607 OF 2021 Vitthalrao s/o Nagorao Hodgir Sau. Shivnanda w/o Gajanan Hodgir Applicants 1. 2. Versus The State of Maharashtra Respondent
Legal Reasoning
Mr. D.M. Shinde, Advocate for the applicants. Mr. S.B. Narwade, APP for respondent/State. Mr. R.N. Chavan, Advocate for the informant. CORAM : M.G. Sewlikar, J. DATE : 6th JANUARY, 2022. PER COURT : 1. This is an application under Section 439 of the Code of Criminal Procedure for releasing applicants No. 1 and 2 on bail in connection with Crime No. 0183/2021 registered with Kurunda Police Station, Dist. Hingoli, for the offences punishable under Sections 302, 323, 504, 506 read with Section 34 of the Indian Penal Code. 2. Facts in brief are that informant is the real nephew of applicant No 1 and applicant No. 2 is the daughter-in-law of - 2 - ba1607.21.odt applicant No. 1. It is alleged in the First Information Report that there is dispute between father of the informant and applicant No. 1 on account of ancestral landed property. On 27th August, 2021, at 4.00 pm, applicant No. 1 and his son were cutting the trees on the common bund. Informant and his father Kundlikrao tried to restrain the applicant and his son from cutting the trees. Thereupon, applicant No. 1 beat the informant. When his father and mother Durgabai came to the rescue of the informant, applicant No. 1 and his son assaulted the parents of the informant with kicks and fsts blows. When Sheshrao (since deceased), the real brother of the informant, came to know about the incident, he went to the house of applicants No. 1 and 2 along with his friends Ramrao Maske, Gajanan Gholap and Brahmanand Hodgir. At that very moment, accused Dnyaneshwar and Gajanan came there abusing the deceased. Soon thereafter, accused Dnyaneshwar went in the house and came back with an axe. Applicant No. 1 instigated accused Dnyaneshwar by saying that unless the deceased is eliminated, dispute on account of common bund would not be resolved and he further instigated accused Dnyaneshwar to assault the deceased. Thereafter, applicant No. 2 came there running. She threw chilli powder in the eyes of the deceased. Accused Gajanan held left hand - 3 - ba1607.21.odt of the deceased and accused Dnyaneshwar delivered a blow of axe on the neck of the deceased. On these allegations, First Information Report came to be lodged on the basis of which offences under aforesaid sections came to be registered. 3. I have heard Shri Shinde, learned counsel for the applicants, Shri Narwade, learned APP for the State and Shri Chavan, learned counsel for the informant. 4. Learned counsel Shri Shinde submits that the only role attributed to applicant No. 1 is of instigating accused Dnyaneshwar. The fatal blow is given by accused Dnyaneshwar. He submits that the incident took place infront of the house of applicant No. 1. He further submits that applicant No. 1 is 68 years of age. Considering the role attributed to applicant No. 1 and his age, he be released on bail. So far as applicant No. 2 is concerned, he submits that the only allegation against her is of throwing chilli powder. Post Mortem report does not indicate that chilli powder was noticed in the eyes of the deceased. - 4 - ba1607.21.odt 5. Learned APP and learned counsel Shri Chavan submit that because of the instigation by applicant No. 1, the incident took place. The allegations in the First Information Report indicate that, before the incident in question, the informant and his parents were assaulted by applicant No. 1 and accused Dnyaneshwar. They submit that so far as applicant No. 2 is concerned, she is attributed with the act of chilli powder in the eyes of the deceased. Post Mortem report shows that cornea was hazy. Therefore, they pray for dismissal of the application. 6. Charge-sheet is fled. On perusal of charge-sheet, it is seen that applicant No. 1 instigated accused Dnyaneshwar and accused Gajanan to launch an assault on the deceased. The deceased had gone to the house of the applicants in connection with the incident which happened in the morning. Because of the instigation by applicant No. 1, accused Dnyaneshwar assaulted the deceased by means of an axe. The death was instantaneous. His instigation is the root cause of the incident. Therefore, I am not inclined to release applicant No. 1 on bail. - 5 - ba1607.21.odt 7. So far as applicant No. 2 is concerned, the only allegation against her is that she threw chilli powder in the eyes of the deceased. Post Mortem report does not indicate that chilli powder was used in commission of the offence. Except this, no other act is attributed to applicant No. 2. In this view of the matter, I am inclined to release applicant No. 2 on bail. Hence the following order :-
Decision
ORDER i) Application is partly allowed. ii) Application of applicant No. 1 Vitthalrao s/o Nagorao Hodgir is dismissed. iii) Applicant No. 2 Sau. Shivnanda w/o Gajanan Hodgir be released on PR Bond of Rs. 20,000/- (Rs. Twenty Thousand) with one solvent surety in the like amount in connection with Crime No. 0183/2021 registered with Kurunda Police Station, Dist. Hingoli, for the offences punishable under Sections 302, 323, 504, 506 read with section 34 of the Indian Penal Code, on condition that she shall not tamper the prosecution evidence and shall not pressurise the witnesses. - 6 - ba1607.21.odt iv) Application stands disposed of. v) 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. ( M. G. SEWLIKAR ) Judge dyb - 7 - ba1607.21.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 32 OF 2022 IN BAIL APPLICATION NO. 1607 OF 2021 Avdhoot Kundlikrao Hodgir Applicant Versus The State of Maharashtra & others Respondents Mr. R.N. Chavan, Advocate holding for Mr. V.A. Bagadiya, Advocate for the applicant. Mr. S.B. Narwade, APP for respondent/State. Mr. D.M. Shinde, Advocate for respondents No. 1 and 2. CORAM : M.G. Sewlikar, J. DATE : 6th JANUARY, 2022. PER COURT : Application is allowed. ( M. G. SEWLIKAR ) Judge dyb