Bombay High Court
Ajay S/O Vijay Gavhane vs State Of Mah., Thr. Pso Ansing Dist ... on 6 December, 2019
Author: V.M. Deshpande
Bench: V.M. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (ABA) NO.756/2019
Ajay s/o Vijay Gavhane
..vs..
State of Mah., thr. PSO Ansing, Taluka and District Washim
...................................................................................................................................................................
Office Notes, Office Memoranda of Coram,
appearances, Court orders or directions Court's or Judge's Order
and Registrar's orders
...................................................................................................................................................................
Shri S.K.Wankhede, Counsel for the Applicant.
Shri J.Y.Ghurde, Addl.P.P. for the State.
CORAM : V.M.DESHPANDE, J.
DATED : DECEMBER 06, 2019.
1. The applicant is apprehending his arrest in
connection with Crime No.6/2019 registered with Ansing
Police Station, Washim for offences punishable under
Sections 302, 324, 341, 143, 147, 148, 149, 452, 427, 294,
and 506 of the Indian Penal Code.
2. Heard learned counsel Shri S.K.Wankhede for
the applicant and learned Additional Public Prosecutor Shri
J.Y.Ghurde for the State. Also, perused reply filed on behalf
of the State.
3. As per the prosecution case, on 15.1.2019
injured Rahul along with his brother Sanjay had been to a
school situated at Ansing to watch an Annual Gathering of
the said school since Rahul's son Vikramaditya was
participating in one of functions. In the said function, co-
accused Sagar Gavhane was also there. He angrily stared at
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Rahul and upon that when Rahul made enquiries as to why
he is staring, he used abusive language. According to the
prosecution case, that time, his companions along with
present applicant gave fists blows and at that time when
deceased Sanjay came to intervene, he was also assaulted by
them by fists blows. The quarrel was separated by one
Gajanan Gawali and others. It is also the prosecution case
that at 1:45 p.m., when Rahul and his brother deceased
Sanjay were proceeding towards their house, their way was
obstructed by co-accused persons including the present
applicant and one Gajanan Gavhane. As per the prosecution
case, that time Sagar Gavhane brought an iron rod from his
hotel and assaulted on the head of Rahul, resulting into
bleeding injuries to him. At that time, his brother Sanjay
was also assaulted by fists blows. Somehow, both brothers
reached to their house and when they were proceeding to
lodge report about the incident, they were followed by
accused persons including the present applicant and Gajanan
Gavhane. Sagar Gavhane assaulted Sagar, the deceased, by
means of stone. Thereafter, the applicant, Gajanan, and
other co-accused persons assaulted by fists blows. It is also
the case of the prosecution that after lodging of the report
and admitting deceased Sanjay in hospital, Rahul came to
house. That time, it was disclosed to him by his mother that
accused Sagar Gavhane, present applicant Ajay, co-accused
Gajanan Gavhane with other co-accused persons gathered in
front of their house and used abusive language. It is also
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stated by Rahul in his statement that his mother informed
him that, thereafter, Sagar Gavhane came inside their house
and used abusive language and caused damage to
motorcycle.
4. From the prosecution case, it is clear that
though Sanjay, the deceased, was assaulted by the applicant
along with others, role attributed to him is that he assaulted
by fists blows. The assault on the head of deceased Sanjay
by means of stone is attributed to Sagar Gavhane. Similarly,
role of the assault by iron rod on Rahul is also attributed to
Sagar.
5. In this view of the matter, in my view, when
this Court on these accusations released co-accused Gajanan
on anticipatory bail and when accusations against the
present applicant and Gajanan are identical, the applicant
can be granted pre-arrest bail on the principle of parity.
That leads me to pass following order:
ORDER
(1) The criminal application is allowed.
(2) In the event of arrest of applicant-Ajay s/o Vijay Gavhane, in connection with Crime No.6/2019 registered with Ansing Police Station, Washim for offences punishable under Sections 302, 324, 341, 143, 147, 148, 149, 452, 427, 294, and 506 of the Indian Penal Code, the applicant be released on bail on he executing a P.R.Bond in the sum of Rs.10,000/- with one solvent surety of the like amount.
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JUDGE !! BRW !! ...../-
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