Bombay High Court
Vishal Vishnu Aghav And Anr vs The State Of Maharashtra And Anr on 5 February, 2020
Bench: T.V. Nalawade, M.G. Sewlikar
1 Appeal 31 of 2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
17 CRIMINAL APPEAL NO.31 OF 2020
VISHAL VISHNU AGHAV AND ANR
VERSUS
THE STATE OF MAHARASHTRA AND ANR
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Shri. Rajendra G. Hange, Advocate, for appellants.
Shri. K.S. Patil, Additional Public Prosecutor, for
respondent No.1.
Shri. Yogesh Kale, Advocate, for respondent No.2.
Shri. Dhanraj Ingole, Advocate appointed for respondent
No.2.
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Coram: T.V. NALAWADE &
M.G. SEWLIKAR, JJ.
Date: 05 FEBRUARY 2020
ORDER:
1) The appeal is fled to challenge the order made by the learned Additional Sessions Judge, Shrigonda on Exhibits 3 and 4 of Sessions Case No.276/2019. The applications were fled for bail by the present appellants in Crime No.843/2019 registered in Shrigonda Police Station for ofences punishable under sections 302, 307, 326, 324, 34 of the Indian Penal Code and few sections of ::: Uploaded on - 07/02/2020 ::: Downloaded on - 07/02/2020 23:56:57 ::: 2 Appeal 31 of 2020 the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Both the sides are heard.
2) As the charge-sheet is fled copies of the investigation papers are produced along with the appeal and the learned Additional Public Prosecutor has also made available the papers of investigation. Learned counsel representing the informant and the learned counsel appointed are also heard.
3) The incident in question took place on 5-9-2019 after 2.30 p.m. The informant, who is the mother of the deceased boy Ganesh, was present in the feld. Her husband said that he got knowledge that Nana, the main accused was fxing poles in their land and so he was proceeding towards that place. When he was proceeding towards that place she noticed that Nana was coming towards the place where she was sitting with other persons, other accused. She has contended that after reaching the place where she was sitting she noticed that Nana and others were holding cement poles and after that ::: Uploaded on - 07/02/2020 ::: Downloaded on - 07/02/2020 23:56:57 ::: 3 Appeal 31 of 2020 they picked up quarrel and by saying that the court had decided the matter in their favour he started assaulting her husband Kalkusha. When the informant started proceeding towards her husband with her kid aged about 2 years, to save her husband, Nana said that it was necessary to fnish the next generation of such persons, Paradhi persons and he gave blow of cement pole on the head of the kid. The kid fell on the ground. Then other persons from the side of Nana also made assault on others. Somehow the informant ran away from the place with the kid. The kid was taken to the Government hospital but the doctor declared that the kid was already dead. The report was given on the same day and the crime came to be registered for the aforesaid ofences.
4) The post mortem report of the kid shows that there was fracture of skull vault at parieto occipital region. There were other injuries like two abrasions and one scratch over medial aspect of lower leg. Fracture on the skull had caused subdual hemorrhage. The injury on the head caused the death of Ganesh. There is record of injury certifcates in respect of the witnesses. Injury ::: Uploaded on - 07/02/2020 ::: Downloaded on - 07/02/2020 23:56:57 ::: 4 Appeal 31 of 2020 certifcate of Nandabai shows that she sustained three contusions which are described as simple injuries. Sandeep son of Kalkusha sustained abrasion, simple injury and Kalkusha sustained contusions, simple injuries over right lower leg and other injuries were caused by blunt weapons.
5) It appears that the informant gave supplementary statement and in that supplementary statement she blamed Vishnu for the death of Ganesh by saying that Vishnu had given blow of spade on the head of Ganesh. The informant did not sustain any injury in the incident. The original statement has corroboration from the police statements of injured witnesses who include Kalkusha and who is also father of the deceased. He has made allegation that in the incident the main accused Nana gave blow of axe on the head of Ganesh and he killed Ganesh. Other witnesses have given similar account of the incident. Nana is behind the bars.
6) It was submitted for the appellants that this is the frst occasion for them to fle application for bail in ::: Uploaded on - 07/02/2020 ::: Downloaded on - 07/02/2020 23:56:57 ::: 5 Appeal 31 of 2020 this Court. In the past no application was fled in this Court. In view of the aforesaid material and as provision of section 34 of the Indian Penal Code is used and as in the F.I.R. itself it is mentioned that there is some dispute over the land and as the appellants are of 18 and 21 years of age it is not desirable to keep the appellants behind the bars till fnal disposal of the case which is fled against them. Considering the role played by the appellants this Court holds that the trial court ought to have granted bail to them. In the result following order :
7) The Appeal is allowed. The order made by the learned Additional Sessions Judge on the applications fled by the present appellants is hereby quashed and set aside and those applications fled for bail are allowed. The appellants are to be released on bail on their furnishing PB and SB of Rs.30,000/- (Rupees Thirty Thousand Only) by each of them with one or more solvent sureties in the like amount. They are not to tamper with the prosecution witnesses. They are not to commit any ofence while on bail.
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6 Appeal 31 of 2020
8) The fees of the appointed counsel is quantifed at Rs.3000/- (Rupees Three Thousand Only). The fees is to be paid by the High Court Legal Services Sub Committee Aurangabad.
Sd/- Sd/-
(M.G. SEWLIKAR, J.) (T.V. NALAWADE, J.)
rsl
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