Bombay High Court
Vithal @ Mahadev Kondiba Jaybhay And ... vs The State Of Maharashtra And Another on 22 September, 2021
Bench: V.K. Jadhav, Shrikant D. Kulkarni
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
913 CRIMINAL APPEAL NO.436 OF 2021
Balasaheb @ Sagar Jagannath Raut ...Appellant
Versus
The State of Maharashtra and another ...Respondents
...
Advocate for Appellant : Mr. Karpe Rahul R. & S.K. Patil
APP for Respondent : Mr. G O Wattamwar
Advocate for Respondent 2 : Mr. Syed G R
...
AND
CRIMINAL APPEAL NO.441 OF 2021
Satish s/o Ashok Jaybhay ...Appellant
Versus
The State of Maharashtra and another ...Respondents
...
Advocate for Appellant : Mr. Jadhavar S S & K P Rodge
APP for Respondent : Mr. G O Wattamwar
Advocate for Respondent 2 : Mr. Syed G R
...
AND
CRIMINAL APPEAL NO.442 OF 2021
Balasaheb @ Balu s/o Raosaheb Misal ...Appellant
Versus
The State of Maharashtra and another ...Respondents
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...
Advocate for Appellant : Mr. Jadhavar S S & K P Rodge
APP for Respondent : Mr. G O Wattamwar
Advocate for Respondent 2 : Mr. Syed G R
...
AND
CRIMINAL APPEAL NO.444 OF 2021
Govardhan s/o Pandurang Raut ...Appellant
Versus
The State of Maharashtra and another ...Respondents
...
Advocate for Appellant : Mr. Karpe Rahul R. &S.K. Patil
APP for Respondent : Mr. G O Wattamwar
Advocate for Respondent 2 : Mr. Syed G R
...
AND
CRIMINAL APPEAL NO.443 OF 2021
1. Suraj Ramkisan Jaybhay
2. Ramkisan @ Ramkrushna Sonaba
Jaybhay
3. Madhukar Dattu Jaybhay
4. Shivaji Babasaheb Jaybhay
5 Baban @ Dadasaheb Bhagwan Khade ...Appellants
Versus
The State of Maharashtra and another ...Respondents
...
Advocate for Appellant : Mr. Jadhavar S S & K P Rodge
APP for Respondent : Mr. G O Wattamwar
Advocate for Respondent 2 : Mr. Syed G R
...
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AND
CRIMINAL APPEAL NO.439 OF 2021
1. Vitthal @ Mahadev Kondiba Jaybhay
2. Shahadev Gorakh Ombase
3 Sambhaji Kondiba Jaybhay
4 Vithal Tukaram Jaybhay
5 Bhagwat @ Barik Tukaram Jaybhay
6 Baban Kantilal Jaybhay
7 Ganesh Dagadu Funde
8. Suresh Baban Funde
9 Dnyaneshwar Mhasu Khedkar
10. Ajinath Maruti @ Sudam Jaybhay
11. Bhausaheb Maruti Jaybhay
12 Jagdish Abhimanyu Misal
13 Shrikant Jagdish Misal
14 Dattatraya @ Datta Sahebrao Funde
15 Ramdas @ Rambhau Narsing Shinde
16 Prakash Baban Jaybhay
17 Vishnu Navnath Jaybhay
18 Gokul Ajinath Misal ...Appellants
Versus
The State of Maharashtra and another ...Respondents
...
Advocate for Appellant : Mr. Jadhavar S S & K P Rodge
APP for Respondent : Mr. G O Wattamwar
Advocate for Respondent 2 : Mr. Syed G R
...
AND
CRIMINAL APPEAL NO.440 OF 2021
1. Rajendra @ Raju Tukaram Jaybhay
2. Tukaram Namdev Jaybhay ...Appellants
Versus
The State of Maharashtra and another ...Respondents
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...
Advocate for Appellant : Mr. Jadhavar S S & K P Rodge
APP for Respondent : Mr. G O Wattamwar
Advocate for Respondent 2 : Mr. Syed G R
...
CORAM : V.K. JADHAV & SHRIKANT D. KULKARNI, JJ.
Dated : September 22, 2021
...
PER COURT :-
1. The appellants in all these criminal appeals are
seeking anticipatory bail in the event of their arrest in
connection with crime no.0366 of 2021 registered with
Jamkhed police station, District Ahmednagar for the
offences punishable under sections 307, 341, 329, 324,
143, 147, 148, 149, 500, 504, 506, 427 of Indian Penal
Code and under section 3(2)(va), 3(2)(v) of Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989 (for short hereinafter referred to as 'the Act').
Their respective applications with similar prayer came to
be rejected by the learned Additional Sessions Judge,
Shrigonda, District Ahmednagar on 30.8.2021. In terms
of the provisions of section 14 (A)(2) of the Act, all the
appellants have preferred these criminal appeals.
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2. Learned counsel for the appellants in all these
criminal appeals submit that names of the appellants
are not mentioned in the FIR and so far as nine accused
persons named in the FIR, they are not before this
Court seeking anticipatory bail except one accused
named as 'Satish'. Learned counsel submit that name
of the appellant Satish is also not completely mentioned
in the FIR. Appellant Satish before this Court also thus
apprehends his arrest at the hands of the police in
connection with the present crime. Learned counsel
submit that 11 days after the incident, on the basis of
the supplementary statement of the informant, names
of 26 persons came to be added in connection with the
present crime. Learned counsel submit that brother of
the informant is serving in the police department, and,
consequently, not only names are added but also charge
under the provisions of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act are also
levelled against the accused persons, including the
appellants. Learned counsel submit that on the basis of
the complaint lodged by one Najuka Babasaheb
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Jaybhay, resident of village Vanjarwadi, Tq. Jamkhed,
crime No.369 of 2021 for the offence punishable under
sections 454, 380, 394 of IPC came to be registered at
police station Jamkhed. The said informant Najuka has
alleged in the complaint that theft has been committed
in her house and certain golden ornaments and cash
amount came to be looted from her house. Learned
counsel submits that there are no allegations as against
the present appellants.
3. The appellants are born and brought up in village
Vanjarwadi. They are the agriculturists by occupation.
There are no antecedents. The appellants are ready to
abide the conditions, if imposed by this Court to co-
operate the investigating agency for further investigation
into the crime, if any. The appellants/accused may be
released on anticipatory bail.
4. Mr. Syed, learned counsel appearing for
respondent no.2/informant submits that it was a case
of mob-lynching. The informant alongwith his associates
is dealing in the business of purchasing country chicken
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from the villagers adjacent to the villages in Taluka
Ashti. On the day of the incident, the informant
alongwith his three associates had been to village
Patoda for purchasing country Chicken. At that time,
the incident had taken place, in which the informant
and his associates were not only humiliated by referring
their caste but they were subjected to ill-treatment and
beating. Learned counsel submits that video recording
of the said incident was made viral and on the basis of
the said video recording, the informant has given his
supplementary statement alleging participation of the
appellants in the crime.
5. Learned APP submits that the investigation is still
in progress. The appellants/accused persons are
absconding since registration of the crime. In order to
find out the truth in the allegations made in the
complaint, so also in the supplementary statement,
custodial interrogation of the appellants/accused is
necessary. Furthermore, the amount allegedly looted in
the said assault is yet to be recovered.
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6. We have carefully gone through the police papers,
particularly, the contents of the complaint. It appears
that names of only nine persons have been referred in
the complaint and except one person namely 'Satish' the
persons named in the FIR are not before us as the
appellants seeking anticipatory bail. So far as the
appellant Satish is concerned, his full name is 'Satish
Ashok Jaybhaye.' Since full name of one Satish is not
mentioned in the FIR, the appellant Satish Ashok
Jaybhaye apprehends his arrest in connection with the
present crime. Even, assuming that his name is
mentioned in the FIR, however, except his name
mentioned in the FIR, we do not find any specific role
attributed to him.
7. So far as the other appellants/accused are
concerned, they are not named in the FIR. In the
supplementary statement recorded 11 days after the
incident, names of 26 persons were added in connection
with the present crime and also charge under the
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provisions of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act also added against them.
8. We have carefully gone through the supplementary
statement of the informant. We find that names of the
appellants are merely mentioned in the supplementary
statement with the allegations that in addition to those
nine persons named in the FIR, those 26 persons,
including the present appellants have played a
prominent role in the assault. However, no specific
allegations, by referring the individual acts of those 26
persons, have been made. Learned counsel for
respondent no.2/informant has shown us certain
photographs which are part and parcel of the affidavit-in
reply. We have carefully gone through those
photographs. It appears that most of the villagers were
there in the mob either standing or watching the scene
by doing nothing. On each and every photograph
respondent no.2 has merely mentioned name of the
person appearing on the said photograph. Apart from
this, it is also the contention of the
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respondent/informant that it is a case of mob lynching.
It further appears that due to some misunderstanding,
some villagers gathered on the spot by suspecting the
involvement of the informant and his associates in the
commission of theft.
9. Though, it has been alleged that the
appellants/accused have also committed the offence
under the provisions of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, however,
after carefully going through the supplementary
statement and the police papers, we do not find
anything against them prima facie attracting the
provisions of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act. It appears that in the said
incident, which was the outcome of the suspected
dacoity and mob lynching, informant and his associates
came to be humiliated in some untoward manner.
However, the appellants herein whose antecedents are
clear have been named in connection with the present
crime belatedly. The appellants are the agriculturists by
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occupation. In the given set of allegations, their
custodial interrogation is not required. Thus, by
imposing certain conditions, we are inclined to release
all the appellants on anticipatory bail. Hence, following
order.
ORDER
I. All criminal appeals i.e. Criminal appeal Nos.436 of 2021, 441 of 2021, 442 of 2021, 444 of 2021, 443 of 2021, 439 of 2021 and 440 of 2021, are hereby allowed.
II. In the event of arrest of the appellant Balasaheb @ Sagar Jagannath Raut, in criminal appeal No. 436 of 2021, the appellant Satish Ashok Jaybhay in criminal appeal No.441 of 2021, the appellant Balasaheb @ Balu Raosaheb Misal in criminal appeal No.442 of 2021, the appellant Govardhan Pandurang Raut in criminal appeal No.444 of 2021, the appellant Nos 1.Suraj Ramkisan Jaybhay, 2. Ramkisan @ Ramkrushna Sonaba Jaybhay, 3. Madhukar Dattu Jaybhay, 4.Shivaji Babasaheb aaa/-
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12 criappeal 436.2021+.odt Jaybhay and 5.Baban @ Dadasaheb Bhagwan Khade in criminal appeal No.443 of 2021, the appellant Nos.-1.Vitthal @ Mahadev Kondiba Jaybhay, 2. Shahadev Gorakh Ombase, 3. Sambhaji Kondiba Jaybhay, 4. Vithal Tukaram Jaybhay, 5. Bhagwat @ Barik Tukaram Jaybhay, 6. Baban Kantilal Jaybhay, 7.Ganesh Dagadu Funde, 8. Suresh Baban Funde, 9.Dnyaneshwar Mhasu Khedkar, 10. Ajinath Maruti @ Sudam Jaybhay, 11. Bhausaheb Maruti Jaybhay, 12.Jagdish Abhimanyu Misal, 13. Shrikant Jagdish Misal, 14. Dattatraya @ Datta Sahebrao Funde, 15. Ramdas @ Rambhau Narsing Shinde, 16. Prakash Baban Jaybhay, 17. Vishnu Navnath Jaybhay and 18. Gokul Ajinath Misal in criminal appeal No.439 of 2021 and appellant Nos.1. Rajendra @ Raju Tukaram Jaybhay and 2.Tukaram Namdev Jaybhay in criminal appeal No.440 of 2021, in connection with crime No.0366 of 2021 registered with Jamkhed police station, District Ahmednagar for the offences punishable under sections 307, 341, 329, 324, 143, 147, 148, aaa/-
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13 criappeal 436.2021+.odt 149, 500, 504, 506, 427 of Indian Penal Code and under section 3(2)(va), 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, they be released on bail on furnishing P.B. of Rs.5,000/-each, with one surety each of the like amount on the following conditions.
a) The appellants/accused persons in all these criminal appeals shall not tamper with the prosecution evidence, in any manner.
b) The appellants/accused in all these criminal appeals shall attend the concerned police station on every Sunday between 8 am to 11 am till filing of the charge-sheet.
c) In addition to the above, appellants/accused in all these criminal appeals shall also make themselves available as and when required by the investigating officer for carrying out further investigation into the crime, if any.
III. All Criminal appeals are accordingly disposed off. ( SHRIKANT D. KULKARNI, J. ) ( V.K. JADHAV, J. ) ...
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