Bombay High Court
Bharat Nanasaheb Pardhe @ Saddam Shaikh vs The State Of Maharashtra on 8 April, 2021
Author: Vibha Kankanwadi
Bench: Vibha Kankanwadi
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO.330 OF 2021
Bharat Nanasaheb Pardhe @ Saddam
Shaikh = APPLICANT
VERSUS
The State of Maharashtra = RESPONDENT/S
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Mr.VY Bhide,Advocate for Applicant;
Mr.AM Phule,APP for Respondent-State.
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CORAM : SMT.VIBHA KANKANWADI,J.
DATE : 8th April, 2021.
PER COURT :-
1. The applicant has been arrested on
14.9.2019 in connection with CR No.568/2019
registered with Sangamner City police Station,
District Ahmednagar,for the offences punishable
under Sections 302, 307 and 201 of IPC. He has
filed the present application under Section 439 of
Cr.P.C.
2. Heard learned Advocate and learned APP
appearing for respective parties. In order to cut
short it can be stated that both of them have made
submissions in support of their respective
contentions.
3. Before turning to the facts of the case,
it is to be noted that entire process of collecting
the evidence appears to be over and charge sheet
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has been filed before the JMFC, Sangamner on
9.12.2019. Under this circumstance, further
physical custody of the applicant is not required
for the purpose of investigation.
4. Perusal of the FIR would show that it has
been lodged by one Shoaib Saleem Khan in respect of
death of his uncle Sameer Samsherkhan. It is in
respect of incident dated 26.8.2019. But, the FIR
has been lodged on 5.9.2019. There appears to be a
considerable delay in lodging the FIR. So also,
the contents of the FIR would show that the
informant had every knowledge about the alleged
acts done by the present applicant. The informant
says that the present applicant has performed
marriage (Nikah) with one Muslim lady residing in
the same lane, where the informant is residing and
present applicant has converted to Muslim at the
time of the said marriage. On 26.8.2019, at about
9.00 am, deceased Sameer was brought to the house
of the informant by the Manager of a country liquor
shop, situated in the Chowk near house of the
informant and one Vishal Namdeo Awhad. The
informant found that there was an injury to his
uncle to the left eye-brow and it was sutured.
When the informant asked Vishal Awhad as to what
had happened, he told that Sameer had gone to the
liquor shop at about 7.00 am for drinking liquor
and at that time there was quarrel between Sameer
and the present applicant. The present applicant
had assaulted him by fists and kicks and by saying
that he would kill him. Sameer was thrown on the
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ground forcibly. Sameer sustained injury near his
eye. He was taken to Dr.Kute's hospital where the
bandage was done. After sutured the wound, it was
told that Sameer was not speaking at that time.
For a day, he could not move and was sleeping
throughout. Therefore, he was taken by the
informant and his brother in-law on 27.8.2019 to
Government hospital, Ghulewadi. He was then
referred to Loni Pravara hospital. He was taken in
an ambulance there. But since an ICU room was not
available, it was told that Sameer should be
shifted to another hospital. The informant says
that since they are poor and unable to raise the
funds to meet the expenses of hospitalization, they
brought him back to the house. The informant had
seen the CCTV footage of the liquor shop, wherein
he found that the applicant had assaulted and
thrown Sameer on the ground. On the next day, i.e.
on 28.8.2019, he contacted the applicant and told
that due to his assault, his uncle is serious. The
present applicant represented him that he would
bear the hospital charges, but no complaint should
be lodged. This proposal was accepted by the
informant as he had intention that his uncle should
get cured. The present applicant gave an amount of
Rs.10,000/- to the informant on 30.8.2019 and on
the next day, along with the applicant it is stated
that the injured Sameer, the informant and his
friend took Sameer to SMBT hospital at Dhamangaon
Ghoti. It is stated that the present applicant
went for registration of the patient and thereafter
Sameer was admitted. He was regaining his
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consciousness intermittently and he used to say
that he has been assaulted by the applicant. On
3.9.2019, it was told by the doctor that due to the
assault, there were clots of the blood in the brain
of the deceased. The doctor further told that he
is serious and he should be shifted to JJ hospital
at Mumbai or should be taken back at home. But in
the meantime, the applicant had ran away from the
hospital. Therefore, they brought Sameer to the
house on 4.9.2019 and then lodged the report. It
can be seen that when the report was lodged, it was
under Section 307 of IPC. But appears that
thereafter Sameer expired on 30.9.2019.
4. An important point to be noted is that
when the FIR was lodged on 5.9.2019 and the
deceased expired on 30.9.2019, why the
Investigating Officer has not recorded his
statement or even tried to record it at any point
of time, is a mystery. Sameer appears to have been
at home from 4.9.2019 to 30.9.2019. The post
mortem report gives probable cause of death as head
injury with its complications. Column No.17,
indicates three injuries, as follows, -
a) Therapeutic tracheotomy wound of
diameter 02 cms present over neck in mid
line;
b) Injection mark, present over lower
third of left forearm, anteriorly
therapeutic;
c) Injection mark present over right
hand dorsum, therapeutic, associated with
swelling and oedematous
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5. Column No. 19 says that there was injury
under scalp on reflection and hematoma was present
at right temporal region, involving right temporal
is muscle and corresponding fascia of size 10 cm X
05 cm. The results of the examination of brain
have also been given.
6. Learned APP has strongly stated that
there is evidence in the form of CCTV footage from
the liquor shop, showing that the present applicant
had thrown Sameer forcibly on the ground in the
said scuffle. Further, there were eye-witnesses,
who were present in the liquor shop at the relevant
time. Though this evidence appear to be there, the
question, that arises is, whether the applicant was
also under the influence of liquor and Sameer was
also under the influence of liquor ? If they were
under the influence of liquor, then as regards the
present applicant is concerned, whether he had
intention to kill Sameer. Another fact is to be
noted is that if Sameer would have been given
immediate and timely medical assistance, then his
life would have been saved or not. As per the
statement of the eye-witness and even it is
reflected in the FIR that said Vishal Awhad and the
Manager had taken Sameer to the hospital and it
appears that only sutured of the wound and bandage
was done. Therefore, even at this stage, there are
doubts as to whether the case would fall under
Section 302 of IPC or not. With the delay that has
been caused in lodging the FIR as well as for
giving the treatment to the uncle by the informant,
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it leads this Court to exercise the discretionary
powers. Though charge sheet is filed, it would take
long time for the trial to stand and, therefore,
the applicant need not be asked to linger in jail.
Hence following order, -
ORDER
i. The Bail Application stands allowed.
ii. The applicant be released on bail in connection with CR No.568/2019 registered with Sangamner City police Station, District Ahmednagar,for the offences punishable under Sections 302, 307 and 201 of IPC. on PR bond of Rs.50,000/- with two solvent sureties of Rs.25,000/- each.
iii. The applicant shall not indulge in any criminal activity nor shall tamper with the prosecution evidence in any manner.
iv. The applicant shall comply with the requirements set out in Para No.12 (1) to (6) of Chapter-I of Criminal Manual, whichever are applicable.
vi. Bail before the trial court.
(SMT. VIBHA KANKANWADI) JUDGE BDV ::: Uploaded on - 08/04/2021 ::: Downloaded on - 06/09/2021 00:37:17 :::