Bombay High Court
Satish Baburao Gaikwad vs The State Of Maharashtra on 14 June, 2021
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
1/6 11-BA-745-21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.745 OF 2021
Satish Baburao Gaikwad .... Applicant
versus
State of Maharashtra .... Respondent
.......
• Mr.Satyavrat Joshi i/b. Mr.Nitin J. Mohite, Advocate for
Applicant.
• Mr.S.H. Yadav, APP for the State/Respondent.
CORAM : SARANG V. KOTWAL, J.
DATE : 14th JUNE, 2021
(Through video conferencing)
P.C. :
1. The Applicant is seeking his release on bail in
connection with C.R.No.658/2020 registered with Wanawadi
Police Station, Pune, on 10/07/2020 under sections 302, 120-B,
364, 201 r/w 34 of the Indian Penal Code. The Applicant was
arrested on 29/07/2020 and since then he is in custody. The
investigation is over and the charge-sheet is filed.
2. The prosecution case as mentioned in the gist in the
charge-sheet is as follows;
Nesarikar
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The Applicant was in the business of sale of illicit
liquor. The deceased Azan Ansari had given this information to
police and therefore action was taken against the present
Applicant. Similarly, co-accused Rohan was having a Pan Stall
where he was selling Gutka. Azan had informed police about
this also. The police had taken steps against Rohan. Therefore
the Applicant and Rohan were holding grudge against Azan. On
08/07/2020, Azan was taken at a secluded spot by the Applicant
and other accused namely Akash Jadhav, Ajay Gaikwad,
Shrikant Sathe, Rohan Singh and Rohit Bansode. Rohit Bansode
gave blow with a big stone on Azan's head. Others also joined
him. The dead body was burried under a heap of stones.
3. The FIR was lodged by police constable Amol Pawar
about finding of a dead body. Mother of the deceased had given
complaint about missing of the deceased from her house. This
complaint was given to Kondhwa police station on 09/07/2020.
According to her, Azan had left her house at about 01.00 p.m. on
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08/07/2020 and had not returned. Therefore the complaint was
given on 09/07/2020. Subsequently, his dead body was found.
The investigation was carried out. The Applicant was arrested.
4. Heard Mr.Satyavrat Joshi, learned counsel for the
Applicant and Mr.S.H. Yadav, learned APP for the State.
5. Learned counsel for the Applicant submitted that, in
the entire charge-sheet, there is no material against the present
Applicant. The other co-accused viz. Rohan, Rohit and Ajay are
granted bail by the Sessions Court. Therefore on principles of
parity, the Applicant also deserves to be released on bail.
6. Learned APP opposed this application. He submitted
that there was a call data record regarding calls between all the
accused at the relevant time. For that purpose, supplementary
charge-sheet is being filed. He submitted that there is strong
motive for the Applicant to commit this offence.
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7. I have considered these submissions and with
assistance of both the learned counsel I have perused the
charge-sheet. The supplementary charge-sheet is only about
CDR which will, at the most, show telephonic conversation
between all the accused. However, three accused Rohan, Rohit
and Ajay are already released on bail. There is hardly any
evidence against them as well. Therefore this CDR will not really
help the prosecution case at the stage of consideration of bail,
particularly on the ground of parity.
8. There are statements of some witnesses namely Jaid
Ghodke and Danish Bagwan. They have stated that on
07/07/2020 at about 08.00 p.m. the deceased Azan had smoked
Ganja with these two witnesses. Azan was with them till 11.30
p.m. Thereafter nobody had seen him. They have not stated that
the Applicant or any other co-accused had abducted him. There
is CCTV footage of the area outside the shop in the locality is
seized. However there is no transcript of this CCTV footage.
Therefore at this stage, there is nothing to connect the Applicant
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with the abduction of the deceased. The post-mortem report
shows that the deceased had suffered 16 injuries which were in
the nature of contusions and abrasions. There were two incised
wounds and the cause of death was given as 'head injury'.
9. There is no recovery at the instance of the present
Applicant. There is recovery of mobile phone of deceased at the
instance of the co-accused Shrikant Sathe. However, that is not
an incriminating piece of circumstance against the present
Applicant. The other co-accused as mentioned earlier are
already released on bail. Therefore principles of parity applies in
favour of the present Applicant. In this view of the matter, due
to lack of sufficient evidence against the present Applicant, he
deserves to be released on bail. His further custody during entire
duration of trial is not warranted.
10. Hence, the following order :
ORDER
(i) In connection with C.R.No.658/2020 registered with Wanawadi Police Station, ::: Uploaded on - 15/06/2021 ::: Downloaded on - 15/06/2021 21:58:13 ::: 6/6 11-BA-745-21.odt Pune, the Applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.
(ii) Application stands disposed of accordingly.
(SARANG V. KOTWAL, J.) ::: Uploaded on - 15/06/2021 ::: Downloaded on - 15/06/2021 21:58:13 :::