Bombay High Court
Ankush Mahadev Waghmode And Anr vs State Of Maharashtra on 18 January, 2022
Author: C.V. Bhadang
Bench: C.V. Bhadang
6-aba-116-2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL ANTICIPATORY BAIL APPLICATION NO.116 OF 2022
Ankush Mahadev Waghmode & Anr. ... Applicants
Vs.
The State of Maharashtra ... Respondent
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Mr.Vaibhav R. Gargade for the Applicants.
Mr.Y.Y. Dabke, APP for the Respondent -State.
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CORAM : C.V. BHADANG, J.
Digitally signed
NILAM
SANTOSH
by NILAM
SANTOSH
KAMBLE
DATE : 18 JANUARY 2022
KAMBLE Date: 2022.01.18
18:25:08 +0530 P.C.
. The Applicants who are co-accused in Crime No.365
of 2021 registered with Natepute Police Station, District-Solapur
Graimn, under Section 307, 323, 504 and 506 read with Section
34 of the Indian Penal Code are seeking anticipatory bail.
2. I have heard the learned counsel for the parties and
gone through the FIR.
3. The first informant Bapu Nana Waghmode states that
there was a dispute between family of the first informant and that
of the Applicants who are cousins. The incident happened on 19
October 2021 at about 4.30 p.m. at village Phondshiras, Taluka-
Malshiras, District-Solapur, when the father of the first informant
N.S. Kamble page 1 of 4
6-aba-116-2022
by name Nana Anna Waghode was assaulted by the Applicants
and the co-accused Kiran Mahadev Waghmode resulting into his
death. It appears that there is a eye witness namely Tushar who
was with the deceased at the time of the incident.
4. The learned counsel for the Applicant submitted that
the material allegation is against the co-accused Kiran Waghmode
of an assault by iron pipe on the head of the deceased which
according to the prosecution is the cause of death. He submitted
that offence under Section 307 IPC was initially registered and
upon death of Nana Waghmode, Section 302 of the Indian Penal
Code was added.
5. It is submitted that the name of the Applicants who
are real brothers of Kiran Waghmode have been mentioned only
out of enmity. He pointed out that even going by the FIR only
role attributed to the Applicants is of assault by fists and kick
blows which is not the cause of death and therefore no intention
to commit the murder of Nana Wakhmode can be attributed to
the Applicants.
6. The learned Additional Public Prosecutor pointed
out that even after the deceased fell down he was further assaulted
by fists and kick blows.
N.S. Kamble page 2 of 4
6-aba-116-2022
7. The learned Additional Public Prosecutor, sought
time to produce the postmortem report and in particular the
statement of Tushar who is stated to be an eye witness. The
accused Kiran Waghmode has already been arrested. In such
circumstances, the following order is passed.
ORDER
(i) In the event of their arrest in connection with investigation of Crime No.365 of 2021 registered with Natepute Police Station, District-Solapur Graimn, the applicants shall be released on bail on executing a P.R. Bond in the sum of Rs.25,000/- each with one or two solvent sureties each in the like amount.
(ii) The Applicants shall attend the concerned Police Station on 24 and 25 January 2022 between 11.00 a.m. to 1.00 p.m. and as and when required by the Investigating Officer.
(iii) The Applicants shall not leave the jurisdiction of the concerned Police Station without prior intimation/permission of the Investigating Officer.
N.S. Kamble page 3 of 4
6-aba-116-2022
(iv) The Applicants shall co-operate with the Investigation and shall not tamper with the prosecution evidence/witnesses.
(v) This order shall remain in force till next date.
7. Stand over to 8 February 2022.
C.V. BHADANG, J.
N.S. Kamble page 4 of 4