Bombay High Court
Deepak Devendra Gavali vs The State Of Maharashtra on 8 December, 2020
Author: V.K. Jadhav
Bench: V.K. Jadhav
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
923 BAIL APPLICATION NO.1337 OF 2020
DEEPAK DEVENDRA GAVALI
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. R R Deshpande a/w
Deshpande Priyanka R.
APP for Respondent : Mr. S P Deshmukh
...
CORAM : V.K. JADHAV, J.
Dated: December 08, 2020
...
PER COURT :-
1. The applicant is seeking regular bail in connection
with Crime No.382 of 2019 registered with M.I.D.C.
Police Station, Latur, District Latur for the offences
punishable under sections 302, 120(B) of the Indian
Penal Code. His application Exh.49 with similar prayer
in Sessions Case No.54 of 2020 came to be rejected by
the learned Sessions Judge-4, Latur vide order dated
2.7.2020.
2. Learned counsel for the applicant submits that
investigation is over and charge-sheet has been
submitted. The applicant is a young boy, 18 years of
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age, student by occupation having no criminal history.
The applicant is in jail since 10.11.2019.
3. Learned counsel for the applicant submits that in
the complaint itself reference has been given to one
earlier incident, wherein allegedly real brother of the
informant was murdered by his uncle Vilas Govind
Sathe and others. Consequently, crime no.14 of 2019
under sections 302, 143, 144, 147, 148, 149, 324 of the
IPC came to be registered against seven persons and all
those seven persons are still in jail in connection with
the same crime. Learned counsel submits that it has
been alleged in the complaint that those persons
detained in jail in connection with the crime no.14 of
2019 hatched conspiracy in jail and in prosecution of
the said conspiracy, contract was given to kill the
deceased.
Learned counsel further submits that the incident
had taken place on 6.11.2019 at about 09.30 am. It has
been alleged that one Tata safari vehicle has given dash
to the motor bike of the deceased from its back side and
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in consequence thereof, deceased had sustained
multiple injuries. Said incident allegedly taken place in
front of Deshmukh Water plant. Learned counsel
submits that the persons working on the said water
plant apprehended one of the person from the said Tata
Safari. Learned counsel submits that name of the
applicant neither mentioned in the FIR nor he was
present on the spot of the incident. Even, the
Vivekanand Hospital, Latur where the deceased was
taken for his treatment after said incident, reported to
the MIDC Police Station about the injuries sustained by
the deceased due to vehicular accident. Learned counsel
submits that even in the postmortem report, history is
shown as vehicular accident on 6.11.2019. Learned
counsel submits that during the course of the
investigation, co-accused allegedly disclosed name of the
present applicant. Learned counsel submits that it has
been alleged against the applicant that he had done
Reiki in the village about the activities of the deceased
as part of the conspiracy hatched by the co-accused to
kill the deceased under the contract of killing and,
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accordingly, the applicant came to be arrested in
connection with the present crime. Learned counsel
submits that there is no connecting evidence against the
applicant. Even there are no statements of the witnesses
of the village indicating that the present applicant has
carried out said reiki in the village in order to observe
the day to day routine of the deceased to facilitate the
commission of crime. Learned counsel submits that the
applicant has his roots in the society, easily available for
trial. The applicant is ready to abide the conditions, if
imposed by this court while enlarging on bail. There is
no criminal history. The applicant may be released on
bail.
4. Learned A.P.P. has strongly resisted the
application on the ground that though name of the
applicant is not mentioned in the FIR, however, during
the course of the investigation it has been revealed that
on the earlier day of the incident and even some days
prior to it the applicant was seen in the company of the
assailants including the person caught red handed on
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the spot by the persons working on the said Deshmukh
water plant. Learned APP submits that alleged vehicular
accident is a scene created by the co-accused persons
and the applicant in prosecution of the conspiracy
hatched, deliberately given the dash to the motor bike of
the deceased with an intention to kill him. Learned APP
submits that prima facie, there is strong case against
the applicant. The applicant may not be released on
bail.
5. On going through the allegations made in the
complaint and on perusal of the charge-sheet, it appears
that name of the applicant is not mentioned in the FIR.
It has also not alleged in the complaint nor it has been
revealed in the investigation that the present applicant
has accompanied those two persons driving Safari car at
the relevant time. It further appears that one person
from the said Safari car caught red handed by the
workers of the Deshmukh Water plant. Co-accused has
disclosed name of the applicant, however, said
statement or part thereof as against the
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applicant/accused is inadmissible in evidence. Apart
from this, even assuming that the applicant has done
reiki in the village as alleged and as revealed during the
course of the investigation, however, there is hardly any
evidence indicating reiki carried out by the applicant in
the village. There is no witness from the village
disclosing that on earlier occasion and on the date of
the incident, the applicant has done reiki in the village.
It is for the trial court to consider as to whether the
alleged incident was a vehicular accident or it was a
deliberate act in prosecution of the conspiracy hatched
by the accused persons, during the course of the full
fledged trial of the case. However, as it appears now
there is no connecting evidence against the applicant.
The applicant is a young boy having no criminal history.
Thus, case is made out to grant bail. Hence, I proceed
to pass the following order.
ORDER
I. Application is hereby allowed.
II. Applicant - DEEPAK DEVENDRA GAVALI in connection with Crime No.382 of 2019 aaa/-
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a] The applicant shall not tamper with the prosecution evidence, in any manner.
III. Bail application is accordingly disposed off.
( V.K. JADHAV, J. ) ...
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