Bombay High Court
Akshay Shivaji Shinde vs The State Of Maharashtra on 26 October, 2020
Author: C.V. Bhadang
Bench: C.V. Bhadang
7-ba-440-2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.440 OF 2020
Akshay Shivaji Shinde ..Applicant
Vs
State of Maharashtra ..Respondent
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Mr.Ritesh M. Thobde for the Applicant.
Mr.Ajay Patil, APP for the Respondent-State.
Nilam Digitally signed
by Nilam Kamble
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Kamble Date: 2020.10.26 CORAM : C.V. BHADANG, J.
17:57:05 +0530
DATE : 26th OCTOBER 2020
(Through Video Conference)
P.C.
1. Leave to amend the name of the applicant granted.
Necessary correction to be carried out within three days.
2. The applicant (accused No.1) along with co-accused is
facing prosecution for the offence punishable under Section 302,
201 read with Section 34 of the Indian Penal Code, on the allegation
of intentionally having caused the death of one Akshay Koli.
3. Akshay Koli went missing on 12th September 2019. A
missing case No.113 of 2019 was registered with the concerned
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Police Station on 14th September 2019 on the basis of the complaint
lodged by the mother of the deceased. It appears that the dead
body of an unindentified male was found on 21 st September 2019 as
reported by the Police Patil on the basis of which AD No.57/2019
was registered. During the course of the investigation of the said AD
the dead body was identified to be that of Akshay Koli. It may be
mentioned that the dead body was in a highly decomposed state
and the post-morterm report shows that the medical officer carrying
the antopsy could not give any opinion immediately about the cause
of death and the opinion is reserved pending the report of the
chemical analyser.
4. Be that as it may, during the course of investigation, it
was found that there was an old enmity between the applicant and
the deceased and on the basis of the complaint lodged by the
brother of the applicant a case was initiated against the deceased.
5. On 12th September 2019 the deceased along with his
friend Prashant Paste, had gone to see the Ganesh procession. It is
said that when the deceased and Prashant Paste were standing at
Asra Canteen, the applicant came there. The deceased asked the
applicant to take back the case, whereupon a dispute and altercation
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7-ba-440-2020
insued between the deceased and the applicant. According to the
prosecution the applicant took the deceased on his motor-bike after
which the accused Nos.2 and 3 joined them. It is material
prosecution case that the three of them, assulted the deceased by fist
and kick blows and after finding him dead, disposed of the dead
body in Bhima River.
6. I haveheard the learned counsel for the parties. Perused
record.
7. In this case the investigation is complete and the
charge-sheet is filed. The accused Nos.2 and 3 have been released
on bail by the learned Sessions Judge. Insofar as the present
applicant is concerned, the only additional circumstances is about
the applicant being seen in the company of the deceased in a CC TV
footage, at Asra Canteen. According to the prosecution the
applicant is seen taking the deceased on his motor-bike. This was
on 12th September 2019 and the dead body was found on 21 st
September 2019. Prima facie at this stage, the cause of death has
not come on record. As noticed earlier the accused Nos.2 and 3
have been released on bail. There is no direct evidence about any
assult by the present applicant on the deceased.
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7-ba-440-2020
8. Considering the overall circumstances, the following
order is passed.
ORDER
(i) The applicant shall be released on bail on executing a PR Bond in the sum of Rs.25,000/- with one or two solvent sureties in the like amount.
(ii) The applicant shall undertake to remain present before the learned Sessions Judge during the course of the trial.
(iii) The applicant shall not tamper with the prosecution evidence/witnesses.
(iv) The bail bonds to be furnished before the learned Sessions Judge.
C.V. BHADANG, J.
N.S. Kamble page 4 of 4