Mr. Satej S. Jadhav, Advocate for v. M. Chate, APP for
Legal Reasoning
BA.2381.2024-1-IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADBAIL APPLICATION NO. 2381 OF 2024Kiran Madhav Hazare, Age : 37 years, Occu. : Labour, R/o. Teen Chari, Kokamthan, Tq. Kopargaon, Dist. Ahmednagar.… Applicant VersusThe State of Maharashtra, (Through P.I. Police Station, Shirdi,Tq. Rahata, Dist. Ahmednagar)… Respondent.…..Mr. Satej S. Jadhav, Advocate for Applicant.Mr. V. M. Chate, APP for Respondent - State.…..CORAM :ABHAY S. WAGHWASE, J.RESERVED ON :12 MARCH 2025PRONOUNCED ON :13 MARCH 2025ORDER : 1.Present application is for grant of bail on account ofarrest of applicant in Crime No.0394 of 2021 registered at ShirdiPolice Station, Dist. Ahmednagar for offence punishable undersections 307, 109, 120-B, 201, 212, 506 r/w section 34 of IndianPenal Code (IPC) and under sections 3/25, 7/25 and 27 of Arms Actand under sections 3(1)(ii), 3(2) and 3(4) of the MaharashtraControl of Organised Crime Act, 1999 (MCOCA).2.It is submitted that, applicant is arrested in above crime
Legal Reasoning
BA.2381.2024-2-on 13.12.2021 in connection with occurrence of midnight of10.12.2021. It is submitted that, allegations are of use of firearms. Itis pointed out that, still there are two simple injuries and onegrievous injury to the injured. It is pointed out that, there wasdispute over conducting business on a rented premises, resulting intoalleged incidence. That, both sides i.e. informant side as well asaccused side have rivalry. He pointed out that, contents of FIRmaterially differ than alleged transcript of telephonic conversation,thereby rendering prosecution version doubtful. He further pointedout that, in spite of charge sheet being filed in May 2022, there is noballistic reports. 3.Learned counsel further pointed out that, applicant isarrested in December 2021 and more than three years have lapsed,but yet charge itself is not framed. That, there is long pre-trialincarceration. That, one or the other count merely case is gettingadjourned. He further pointed out that, two of the accused arealready granted bail and orders to that extent are placed on record.According to him, applicant being behind bars since more than threeyears and when nothing further is shown to be recovered ordiscovered at his instance, more particularly, further detention isunwarranted. BA.2381.2024-3-4.Strongly opposing the above application, learned APPsubmitted that, there is direct eye witness account. That, there is useof firearms. That, applicant was seen firing two rounds suggestingdetermination to kill. Learned APP took this court through thestatement of injured and also emphasized that, applicant hascriminal antecedents and as many as 11 crimes are registeredagainst him. Therefore, according to him, considering themagnanimity and gravity of the offence and in view of theobservations of the Hon’ble Apex Court in the case of ManikMadhukar Sarve and Ors. v. Vitthal Damuji Meher and Ors. reportedin (2024) 10 SCC 753, in a case having serious allegation, ordergranted by High Court was cancelled by the Hon’ble Apex Court. Healso submitted that, in the same judgment, principles which are ledwhile granting bail, are clearly reflected. Here, some of the factorsspelt out therein are clearly available and hence for above reasons,he has opposed grant of relief of bail.5.Heard. Perused the FIR. Apparently crime is registeredfor offence punishable under sections 307, 109, 120-B, 201, 212, 506r/w section 34 of IPC and section 3/25 and 7/25, 27 of Arms Act andsection 3(1)(ii), 3(2) and 3(4) of MCOCA. Report dated 10.12.2021seems to be at the instance of one Sachin Thakur and its substance isthat, Suraj Prakash Thakur is his cousin maternal uncle. Since 5 to 6 BA.2381.2024-4-days, he and his said uncle jointly conducted business in a shopowned by Ravi Nimbalkar on rent basis. That, space in front of theshop was also thought to be put to use for conducting business. But,there was oppose on this count by Kiran Hajare i.e. present applicantand Ravi Gondkar, resulting into quarrel. It is reported that on10.12.2021, when he and his uncle after paying visit to the house ofNilesh Jadhav, who had lost his uncle, they were having tea nearparking of Mayur hotel and at that time, Nilesh Jadhav, his friendSwapnil Bhosale walked to the parking. It is alleged that, around 3:30p.m., present applicant arrived there in a Ertiga car while occupyingleft seat of the driver Akshay Lokhande. He further reported that,rear seat was occupied by Tanvir Rangrej and Deepak Gondkar.According to informant, applicant made a telephonic call to RaviGondkar and put the mobile phone on speaker and the conversationbetween them was over heard. He claims that, present applicantquestioned Ravi as to what should be done about Suraj Thakur and inresponse to, it is alleged that, Ravi Gondkar from other side statedthat he should be eliminated. After switching off the phone, it isalleged that, applicant asked Akshay, who was behind the wheels, totake out material. As a result of which, Akshay took out two pistolsand gave to the applicant and after taking it, it is alleged that,applicant fired on the chest of Suraj Thakur. When Suraj was fleeing,it is further alleged that, present applicant chased him while opening BA.2381.2024-5-fire. Therefore, informant and Nilesh Jadhav took Suraj to Saibabahospital, Shirdi and admitted him. On above report, crime has beenregistered with Shirdi Police Station.6.Statement of injured Suraj Thakur is also recorded, buton 27.12.2024 and he has also stated about arrival of presentapplicant in a car, telephonic conversation between applicant andone Ravi Gondkar, applicant questioning what should be done aboutinjured and Ravi directing that he should be eliminated andthereafter applicant directing Akshay to handover material, afterwhich Akshay handed over two pistols and the same was used infiring. Injury certificate of Suraj is placed on record, which shows twocircular puncture wound over sub-costal paramidline and overabdomen. It is certified that, injury nos.2 and 3 are firearm injuries.Injury nos.1 and 2 to be simple in nature and injury no.3 to begrievous.7.Thus, above material shows that, there is use of firearmand crime is registered for attempt to commit murder by invokingsection 120-B of IPC. Dispute seems to be on account of conductingbusiness in open space in front of rented shop. BA.2381.2024-6-8.Applicant is arrested in December 2021. Statement ismade across the bar by the learned counsel that, in spite of case beingcommitted long back, charge is not yet framed since 2022.9.Learned APP by taking recourse to above judgment, hasopposed primarily on the ground that firstly there are criminalantecedents and secondly offence to be serious in nature. However,in the ruling relied question was grant of bail in offence undersections 409, 420, 467, 468, 471 of IPC and Hon’ble Apex Court wasdealing aspect of cancellation of bail granted by High Court. In thatcase, applicants therein was said to be arrested on 28.04.2021 andHigh Court had granted bail on 13.10.2021. Be it so. Here, applicantis shown to be arrested in December 2021 and charge is not framedsince 2022. For last more than three years applicant is behind bars.Therefore, considering the long list of 81 witnesses, who are yet to beexamined, there are no chances of case coming to an end inimmediate near future. Hence, applicant succeeds. Accordingly, Iproceed to pass the following order:ORDERI.The application is allowed.II.Applicant Kiran Madhav Hazare be released on bail inconnection with Crime No.0394 of 2021 registered with Shirdi PoliceStation, Dist. Ahmednagar, on executing Personal Bond of Rs. BA.2381.2024-7-15,000/- with one surety in the like amount, on the followingconditions:[a]The applicant shall not tamper prosecution evidence.[b]The applicant shall not enter the vicinity where the informantand injured and their family members reside, till conclusion of trial.[c]The applicant shall not leave the area of jurisdiction of theconcerned police station till conclusion of trial. [d]The applicant shall regularly attend each and every effectivedate before the trial court. (ABHAY S. WAGHWASE, J.) Tandale