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2022 DIGILAW 658 (BOM)

Ravindra v. State Of Maharashtra

2022-03-08

AVINASH G.GHAROTE

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JUDGMENT 1. Heard Mr. Deshpande, learned counsel for the applicant and Mr. Chutke, learned APP for the non-applicant/State. 2. The applicant is arraigned for the offence punishable under Ss. 302, 324 read with Sec. 34 of the Indian Penal Code. The incident is dtd. 2/6/2020. The applicant has been arrested on the same day. The charge-sheet has been filed on 27/8/2020. 3. Mr. Deshpande, learned counsel for the applicant submits, that the complaint lodged by Lakhan Purnaji Patekar (page 14) and so also his statement at page 17, would indicate, that no role is attributed to the applicant in the demise of Kisan Patekar and even Lakhan Purnaji Patekar, who was the eyewitness to the incident, does not indicate so. He further by inviting my attention to the statements of Archana Vinod Tayde (page 19), Ravindra Shalikram Ade (page 21), Ratnabai Purnaji Patekar (page 23), Amol Gyandev Kadaskar (page 25), Dinesh Bhaskar Iche (page 27) and Raju Gyandev Kadaskar (page 29), submits, that all of them do not attribute any role whatsoever to the applicant in the demise of Kisan Patekar and the only role attributed to the applicant is assault on Lakhan Purnaji Patekar, by means of a fiber rod. Inviting my attention to the injury report of Lakhan Purnaji Patekar, he submits, that there are only laceration and contusion and nothing else. He therefore submits, that considering the role attributed to him, the applicant is entitled to be released on bail. 4. Mr. Chutke, learned APP for the non-applicant/State, though opposes the application however fairly admits, that apart from assault on Lakhan Purnaji Patekar, by means of fiber rod, in which Lakhan Purnaji Patekar has suffered laceration and contusion, there is no other witness who attributes any assault by the applicant to the deceased Kisan Patekar. He however submits, that since the applicant was the person who started the fight and was present on the spot, the application should be rejected. 5. The report dtd. 2/6/2020 (page 14) indicates, that on the fateful day that about 01.00 p.m., there was a dispute between the complainant and his uncle Ganesh Patekar regarding storage of wood, in a land situated between both their houses. 5. The report dtd. 2/6/2020 (page 14) indicates, that on the fateful day that about 01.00 p.m., there was a dispute between the complainant and his uncle Ganesh Patekar regarding storage of wood, in a land situated between both their houses. The storage of wood, was objected by Lakhan Purnaji Patekar the complainant, upon which, there ensued a verbal spat between them and the applicant has assaulted Lakhan Purnaji Patekar, by means of fiber rod on his head and hands, due to which, Lakhan Purnaji Patekar fell down. Hearing the commotion, Sagar Ganesh Patekar and Ganesh Patekar came to the spot armed with a wooden rod and bamboo stick and started assaulting Kisan Patekar, which has resulted in the demise of Kisan Patekar. It is thus apparent, that the role attributed to the applicant was only assault to the complainant Lakhan Purnaji Patekar, in which the Medical Report (page 57) indicates, that he has suffered laceration and contusion. No role is attributed to the applicant, in the demise of Kisan Patekar, which has occurred only on account of assault by Sagar Patekar and Ganesh Patekar. The applicant is in jail since 2/6/2020. The charge-sheet has also been filed on 27/8/2020 and considering the role of the applicant as indicated above, which may at the most attract 326 of the Indian Penal Code, I do not see any reason to further continue the incarceration of the applicant. Hence, the following order. O R D E R i. The Criminal Application is allowed. ii. Applicant Ravindra S/o Ganesh Patekar, be released on bail in Crime No. 122/2020 registered at Police Station Dahihanda, District Akola, for the offence punishable under Ss. 302, 324 read with Sec. 34 of the Indian Penal Code, on his furnishing P.R. Bond in the sum of Rs.1,00,000.00 (Rs. One Lakh Only) with two solvent sureties of the like amount. iii. The Applicant shall not tamper with the evidence of the prosecution witnesses in any manner or try to influence them directly or indirectly. iv. The Applicant shall not enter the territorial jurisdiction of Police Station Dahihanda, Taluqa Akot, District Akola till the completion of trial. v. The Applicant shall not indulge in any offence while on bail. vi. The Applicant shall attend each and every date before the learned Sessions Court and shall ensure that the trial is not protracted on his count. vii. The Applicant shall not enter the territorial jurisdiction of Police Station Dahihanda, Taluqa Akot, District Akola till the completion of trial. v. The Applicant shall not indulge in any offence while on bail. vi. The Applicant shall attend each and every date before the learned Sessions Court and shall ensure that the trial is not protracted on his count. vii. Violation of any of the above conditions shall result in cancellation of bail. The observations made are only prima facie in nature. 6. Pending application/s, if any, shall stand disposed of accordingly.