Bombay High Court
Kishori Vikas Patil And Anr vs The State Of Maharashtra And Anr on 17 December, 2018
Author: V.K. Jadhav
Bench: Indrajit Mahanty, V.K. Jadhav
25 - APPA. 1053-18.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1053 OF 2018
IN
CRIMINAL APPEAL NO.425 OF 2018
Pradeep Baliram Patil & Ors. ..Applicants
vs.
The State of Maharashtra ..Respondents
AND
CRIMINAL APPLICATION NO.1561 OF 2018
IN
CRIMINAL APPEAL NO.425 OF 2018
Kishori Vikas Patil & Anr. ..Applicants/Interveners
IN THE MATTER BETWEEN
Pradeep Patil & Ors. ..Petitioners
vs.
The State of Maharashtra ..Respondent.
WITH
CRIMINAL APPLICATION NO.1562 OF 2018
IN
CRIMINAL APPEAL NO.423 OF 2018
Kishori Vikas Patil & Anr. ..Applicants/Interveners
IN THE MATTER BETWEEN
Umesh Patil & Ors. ..Petitioners
vs.
The State of Maharashtra ..Respondent.
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25 - APPA. 1053-18.doc
WITH
CRIMINAL APPLICATION NO.1563 OF 2018
IN
CRIMINAL APPEAL NO.316 OF 2018
Kishori Vikas Patil & Anr. ..Applicants/Interveners
IN THE MATTER BETWEEN
Minesh Patil . .Petitioner
vs.
The State of Maharashtra ..Respondent.
WITH
CRIMINAL APPLILCATION NO.1591 OF 2018
IN
CRIMINAL APPEAL NO.424 OF 2018
Kishori Vikas Patil & Anr. ..Applicants/Interveners
IN THE MATTER BETWEEN
Kaka Patil ..Petitioner
vs.
The State of Maharashtra ..Respondent.
Mr. Rajiv Patil, Senior Advocate alongwith Mr. Raju Digamber Suryawanshi
in Criminal Application No. 1053 of 2018.
Mr.S anjiv Kadam i/by Ms. Priti Walimbe, in all intervener applications.
Mr. J. P. Yagnik, APP for the State.
CORAM : INDRAJIT MAHANTY &
V.K. JADHAV, JJ.
DATE : 17th DECEMBER, 2018 P.C.
1. Heard learned counsel for the Applicant in Cri. Application No. 2/4 ::: Uploaded on - 21/12/2018 ::: Downloaded on - 27/12/2018 08:56:50 ::: 25 - APPA. 1053-18.doc 1053/2018. By this application, Applicants/Accused Nos. 2, 4, 5, 6, 7, 9, 11, 13, 14 and 15 have sought bail pending adjudication of the Criminal Appeal No. 425 of 2018.
2. Learned counsel for the Applicants submits that two other co- accused viz Minesh Patil and Kisan Patil have been granted bail by this Court in Criminal Application No. 485 of 2018 and Criminal Application No. 934 of 2018 dated 15th June 2018 and 27th June, 2018 respectively. He submits that there is no specific overt act ascribed to the present Applicants and consequently prayed for grant of bail.
3. Learned APP for the State, on the other hand, placed reliance on the evidence of two eye witnesses viz: PW 2 Eknath Dagadu Patil and PW 3 Suresh Laxman Dalvi.
4. I n view of this, we find from the orders referred to by the learned counsel for the Applicants that initially bail was granted to the Appellants initially on the ground that testimony of PW 2 Eknath Patil and PW 3 Suresh Dalvi who were eye witnesses, do not reveal that they had specifically implicated Minesh Patil and Kisan Patil and while granting bail to the said Applicant Minesh Patil, this Court has held in para 5 (Cri. Application No. 485/2018) as under :
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"5. The prosecution mainly relied on the evidence of P.W. 2 Eknath Dagdu Patil and P. W. 3 Suresh Laxmn Dalvi who were the eye witnesses. The perusal of the testimony of this witnesses reveal that they have specifically implicated the accused Nos. 1 to 15. However, the presence of the Applicant has not come on record in their evidence."
5. Perusal of testimony of these witnesses reveal that they have specifically implicated accused Nos. 1 to 15.
6. We have perused the evidence of PW 2 Eknath Patil and PW 3 PW 3 Suresh Dalvi, as well as evidence of PW 14 and Dr. Shobhana Lavankar, showing gravity of the injuries on the deceased and considering the same, appellants have been held guilty of the offences punishable under Section 302 read with Section 149 of the Indian Penal Code. In view of this, we find no reasonable ground to grant bail to the Applicants. Cri. Application No. 1053/2018 is, therefore, dismissed.
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