Bombay High Court
Dattatraya Krushna Hande vs The State Of Maharashtra on 14 January, 2020
Author: Prakash D. Naik
Bench: Prakash D. Naik
Sajakali Jamadar 1 of 6 906-IA-1-2020-BA-3336-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 3336 OF 2019
Ajinath Dnyandeo Hande ...Applicant
Versus
The State of Maharashtra ...Respondent
WITH
INTERVENTION APPLICATION NO. 01 OF 2020
IN
CRIMINAL BAIL APPLICATION NO. 3336 OF 2019
Suryakant Chandrakant Hande ...Applicant
Versus
The State of Maharashtra ...Respondent
WITH
CRIMINAL BAIL APPLICATION NO. 3356 OF 2019
Dattatraya Krushna Hande ...Applicant
Versus
The State of Maharashtra ...Respondent
WITH
INTERVENTION APPLICATION NO. 01 OF 2020
IN
CRIMINAL BAIL APPLICATION NO. 3356 OF 2019
Suryakant Chandrakant Hande ...Applicant
Versus
The State of Maharashtra ...Respondent
.....
Mr. Ujwal R. Agandsurve, Advocate for the Applicant in Bail
Application No. 3336 of 2019.
Mr. Sagar Tambe i/b Mr. Ritesh M. Thobade, for applicant in Bail
Application No. 3356 of 2019.
Mr. Jaydeep Mane, Advocate for intervenor in both Bail Applications.
Mr. S. H. Yadav, APP for the state-respondent in both Bail
Applications.
.....
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CORAM : PRAKASH D. NAIK, J.
DATE : 14th January, 2020
PC :
1. The applicants in both these applications are seeking bail
under Section 439 of Cr.P.C in C.R. No. 557 of 2019 registered with
Tembhurni Police Station, Dist. Solapur Rural for offences punishable
under Sections 302, 307, 114, 143,147, 148, 149, 504 & 506 of
Indian Penal Code.
2. The FIR was lodged by Suryakant Chandrakant Hande who is
the son of the deceased. The applicant Ajinath Dnyandeo Hande was
arrested on 5th October, 2019 and Dattatraya Krushna Hande was
arrested on 29th October, 2019. The prosecution case is that on 5 th
October, 2019, the accused No.1-Hanmant, accused No. 2-
Bayadabai, accused No.3- Dattatraya Krushna Hande (applicant),
accused No.4 - Ajinath Dnyandeo Hande (applicant) and
accused No.5 - Haridas had participated in the assault. It is alleged
that the accused Dattatray Hande, Ajinath Hande and Haridas were
present at the scene of offence. They instigated other accused saying
that the victim should not be spared. Thereafter, co-accused
Bayadabai abused him and pelted stones on the tractor. Hanumant
also abused the father of the complainant. Hanumant chased him.
Then accused ran towards teen shed and brought axe. Hanumant
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assaulted the father of the complainant with the blow of axe on his
head. The victim fell down. The accused ran away from the place of
incident. The FIR was lodged. The Statements of witnesses were
recorded. On completing investigation, charge-sheet is filed.
3. Learned advocate representing both the applicants submitted
that they have been falsely implicated in this case on account of
property dispute. No role of assault is assigned to them. The
applicants had allegedly instigated the co-accused. The co-accused
Haridas who was attributed similar role has been granted bail by the
Sessions Court. Statements of two witnesses Bankat Gaikwad and
Chandrakant Hawalder were recorded belatedly. Their version is
doubtful. There are no criminal antecedents against the applicants.
The applicant Dattatray is suffering from paralysis and the requisite
documents has been annexed to this application.
4. Learned APP submitted that the applicants are not entitled to
bail on the ground of parity, while granting bail to co-accused
Haridas, the court had taken into consideration his age and ailment
suffered by him. There is sufficient evidence against the applicants.
There is motive for the applicants to assault the deceased. They have
participated in the crime. The act was done in furtherance of
common intention. The Sessions court which had granted bail to the
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co-accused had rejected the applications preferred by the applicants
by distinguishing their case.
5. Learned counsel for the intervenor reiterated the submissions
advanced by the learned APP. It is submitted that the incident had
occurred on account of property dispute. Co-accused Haridas has
been granted bail on different ground. The applicants are not
entitled for bail on parity. There is evidence of witnesses referring to
conversation between the accused regarding of assault on victim.
Learned counsel for the intervenor on instructions from the
complainant submitted that one more case was registered in past
against the applicant Dattatraya Krushna Hande vide C.R. No. 62 of
2001. The offence is of serious in nature. Hence, bail may not be
granted to the applicant.
6. The FIR refers to the fact that there was quarrel between both
the parties. The complainant and his father were abused. The
applicants and co-accused Haridas were present on the road and they
were having some conversation. Hanumant Kolekar was also present
along with them. He went towards his house and brought axe. The
applicants had allegedly instigated other accused not to spare the
victim and his father. Role assigned to the applicants is that they
were present at the scene of offence and instigating the co-accused.
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It is pertinent to note that co-accused Hanumant suddenly went
towards house and brought axe and assaulted the deceased. The
statement of Bankat Gaikwad was recorded on 13 th November, 2019.
He has referred the conversation between the applicants and co-
accused Haridas Hande. He was accompanied by Chandrakant
Hawaldar. They heard the conversation between accused wherein
one of them was saying, action will have to be initiated against the
victim Appa Hande. The version of the said witnesses is vague.
There is delay in recording the statements. The statement of
Chandrakant Hawalder was recorded on 5th November, 2019. While
granting bail to co-accused Haridas, the learned Sessions Judge had
considered that he was suffering from ailment and he was senior
citizen. However, in Paragraph 12 it is mentioned that having regard
to prima facie circumstances and by judging the role allegedly played
by Haridas, bail can be granted by exercising discretion in his favour.
Considering the aforesaid circumstances case for grant of bail is
made out.
7. Hence, I pass the following order :
ORDER
i) Bail Application No. 3336 of 2019 & 3356 of 2019 are allowed;
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ii) The applicants are directed to be released on bail in connection with C.R. No. 557 of 2019 registered with Tembhurni Police Station, Dist. Solapur Rural on furnishing P.R. bond in the sum of Rs. 50,000/- each with one or more sureties in the like amount;
iii) The applicants shall report concerned police station once in a month on every first Saturday between 10.00 am. to 12.00 noon till conclusion of trial.
iv) Bail Applications as well as Intervention applications stand disposed of accordingly.
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