Bombay High Court
Pralhad Mangaldas Tangdi vs State Of Maharashtra on 30 January, 2023
Author: M. S. Karnik
Bench: M. S. Karnik
Urmila Ingale 6. ba 3432.22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
CRIMINAL APPELLATE JURISDICTION
URMILA by URMILA
PRAMOD
PRAMOD INGALE
Date:
INGALE 2023.01.31
19:51:04 +0530
BAIL APPLICATION NO.3432 OF 2022
Pralhad Mangaldas Tangdi ..Applicant
VS.
The State of Maharashtra ..Respondent
------------
Mr. Vinod Kashid i/b Mr.Sumit Bhoite, for the Applicant.
Mr. S. V. Gavand, APP for the State.
------------
CORAM : M. S. KARNIK, J.
DATE : JANUARY 30, 2023
P.C. :
1. Heard learned counsel for the applicant and learned
APP.
2. This is an application for bail in respect of C.R.No. 61
of 2017 dated 14/02/2017 registered with Narpoli Police
Station for the offence punishable under sections 302, 143,
146, 147, 148, 149, 120-B of the Indian Penal Code, 1860,
sections 3, 25, 26 of the Arms Act, sections 37(1), 135 of
the Maharashtra Police Act, sections 3(1)(ii), 3(2), 3(4) of
Maharashtra Control of Organised Crime Act, 1999.
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Urmila Ingale 6. ba 3432.22.doc
3. The FIR was registered on 14/02/2017. The applicant
was arrested on 25/06/2019 and is in custody for 3 years
and 6 months. In all there are 22 accused. It is pertinent
to note that accused no.4-Ganesh Gopinath Patil, accused
no. 8- Rangnath Vishnu Mhatre, accused no. 17- Vikram
Mohan Mhatre, accused no. 19- Sujit Madhukar Patil @
Tatya, accused no. 22- Sushant Bhaskar Mhatre have been
released on bail.
4. Learned counsel invited my attention to the order
dated 19/09/2022 passed by the trial Court granting bail to
the accused no.22- Sushant Bhaskar Mhatre. There is no
overt act attributed to the applicant in the commission of
the crime. The role assigned to the applicant is that he
conspired with the other accused. So far as the applicant is
concerned, the affidavit filed by Rajkumar Bhanudas
Dongre- Assistant Commissioner of Police, paragraphs 16 to
19 read thus:
"16. I say that the record shows that during the
course of investigation, memorandum statement
of applicant/ accused was recorded and as per
his statement, he has shown the place i.e. Sai
Raj Enterprises office where the accused persons
hatched the criminal conspiracy to kill the
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Urmila Ingale 6. ba 3432.22.doc
deceased Manoj Mhatre. The applicant/ accused
also had/shown the said tin shed where the
accused conducted trial firing with double barrel
fire arm.
17. I say that the record shows that during the
course of investigation, on 14.02.2017, the
present Applicant was present where the
conspiracy hatched and two mobile were seized
from him which were used in the said crime
under section 27 of Indian Evidence Act vide
Memorandum Panchanama dated 03.07.2019.
18. I say that the record shows that during the
course of investigation, CDR of Mobile Phone of
the applicant/accused mobile phone was
obtained and from the said CDR, it revealed that
prior to the commission of the offence, the
applicant/ accused was in contact with the co-
accused.
19. I say that the record shows that during the
course of investigation, confessional statement
under section 18 of MCOC Act of the co-accused
Prashant Mhatre, Rangnath Mhatre, Kunal
Mhatre, Rajani Mhatre, Kalpesh Mhatre, Sujit @
Bandya Mhatre, Mahesh Mhatre, Mayur Mhatre
and Viddesh Patil were recorded in which 7 co-
accused mentioned the role of Applicant/Accused
and they have disclosed the said offence was
committed by their organized crime syndicate
for pecuniary benefit and to increase political
influence in the area. They also gave the
information about the fire arms, deadly
weapons, vehicles which were used in
commission of the said offence. The above said
co-accused also disclosed that on 14.02.2017,
the present applicant/ accused was very much
present at the spot where conspiracy was
hatched."
5. Considering that co-accused-Sushant Bhaskar
Mhatre is having similar role as that of the applicant who
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Urmila Ingale 6. ba 3432.22.doc
has already been released on bail, on the ground of parity,
the applicant can be released on bail. My attention is
invited by learned APP to paragraph 16 of the order dated
21/11/2022 of the trial Court while rejecting the bail
application preferred by the present applicant. The same
reads thus :
"16. The learned Special P.P. has submitted that
although this Court has granted bail to some of
the co-accused, but prosecution intends to
challenge the said orders and the process of
forwarding proposal to Law and Judiciary
department is in progress. In view of this
according to him parity cannot be made
applicable."
6. In my opinion, as the other accused are released on
bail and also as the applicant is in custody for more than 3
years and 6 months with no possibility of the trial
commencing any time soon, the applicant deserves to be
released on bail. In the event, any orders are passed in
challenge to the bail granted to the other co-accused,
liberty to apply as I am granting bail on the ground of parity
as well. Hence, the following order.
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Urmila Ingale 6. ba 3432.22.doc
ORDER
(I) The application is allowed.
(II) The applicant-Pralhad Mangaldas Tangdi be released on bail on furnishing P.R. and S.B. of Rs.1,00,000/- (Rupess One Lakh only) with one or more sureties of like amount in connection with Crime No. I-61/2017 registered with Narpoli Police Station.
(III) The applicant is permitted to furnish cash bail surety in the sum of Rs. 1,00,000/- for a period of 6 weeks in lieu of surety.
(IV) The applicant shall attend the Narpoli Police Station on every 15th day of month until the conclusion of trial.
(V) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court.
(VI) The applicant shall not enter in the premises, where the complainant, witnesses and wife or daughter of deceased are residing.
5/6Urmila Ingale 6. ba 3432.22.doc (VII) The applicant shall not leave India without the previous permission of the Court.
7. The application is disposed of.
(M. S. KARNIK, J.) 6/6