Bombay High Court
Somnath Bharat Ambawale And Anr vs The State Of Maharashtra on 14 June, 2021
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
:1: 19.BA-1942-21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.1942 OF 2021
1. Somnath Bharat Ambawale,
2. Chetana Sandip Pawar, &
3. Sushma Rahul Pawar. .... Applicants
Versus
The State of Maharashtra .... Respondent
-----
Mr. A.P. Mundargi, Senior Advocate a/w. Meghdeep Oak,
Varun Thokal, for the Applicants.
Smt. J.S. Lohokare, APP for the Respondent-State.
-----
CORAM : SARANG V. KOTWAL, J.
DATE : 14th JUNE, 2021
[Through Video Conferencing]
P.C. :
1. The Applicants are seeking their release on bail in
connection with C.R.No.643/2020 registered at Satara Taluka
police station, under Section 302 read with 34 of the Indian
Penal Code. Applicant No.1 was arrested on 31.12.2020 and
other two applicants were arrested on 1.1.2021. Since then
they are in custody. The investigation is over and the charge-
sheet is filed.
2. Applicant No.2 is widow of the deceased Sandip
1 of 8
Deshmane(PS)
::: Uploaded on - 15/06/2021 ::: Downloaded on - 15/06/2021 21:57:24 :::
:2: 19.BA-1942-21.odt
Pawar. Applicant No.1 is her brother and applicant No.3 is
wife of brother of the deceased.
3. Heard Shri A.P. Mundargi, learned Senior Counsel
for the Applicants and Smt. J.S. Lohokare, learned APP for the
State.
4. The prosecution case is that the deceased Sandip
Pawar was addicted to liquor. He had illicit relations with a
woman at Kolav. Therefore, he used to pick up frequent
quarrels with applicant No.2, his brother and his mother. On
27.12.2020, he was harassing applicant No.2 after consuming
liquor. Applicant No.2 called applicant No.1 from Saudapur.
When he questioned the deceased, there was quarrel. The
deceased held applicant No.2 by her throat. That time,
applicant No.1 intervened and beat the deceased. Applicants
No.2 & 3 gave blows with wooden pieces on the deceased.
The deceased felt uncomfortable in the night. Therefore he
was taken to Command Hospital, Pune. But there he was
declared dead.
2 of 8
::: Uploaded on - 15/06/2021 ::: Downloaded on - 15/06/2021 21:57:24 :::
:3: 19.BA-1942-21.odt
5. The FIR was lodged by applicant No.2 herself on
29.12.2020, wherein she had given a different version, which
according to the prosecution case is false. In her FIR, she has
stated that on 27.12.2020, the deceased Sandip had come to
their house under influence of liquor. He abused his mother
and, therefore, his mother had given a complaint to Satara
police station. In the evening, again the deceased came home
under influence of liquor. At that time, he had suffered
injuries to his hands and legs. Applicant No.2 asked him
about the cause but he was unable to give any information.
Thereafter he was taken to Command Hospital but he was
declared dead. On this version, the FIR was lodged. The
investigation was carried out and it transpired during
investigation that applicants No.2 & 3 had assaulted the
deceased with wooden pieces and applicant No.1 had also
taken part in the assault. On these allegations, all the
applicants were arrested as mentioned earlier.
6. Shri Mundargi, learned Senior Counsel submitted
that the final opinion as to cause of death is still not available.
3 of 8
::: Uploaded on - 15/06/2021 ::: Downloaded on - 15/06/2021 21:57:24 :::
:4: 19.BA-1942-21.odt
The narration in the charge-sheet itself shows that the
deceased was constantly harassing applicant No.2 and his
other family members. On the fateful date, even his mother
was abused by him for which a separate complaint was
lodged. In the evening, applicant No.2 had called applicant
No.1 for her help. At that time the deceased had almost tried
to throttle her and, therefore, applicant No.1 had intervened
and had beaten him with hands. In the meantime, applicants
No.2 & 3 getting enraged gave blows with wooden pieces kept
in the house as fuel. He submitted that applicant No.2 herself
took the deceased to hospital and, therefore, there was no
intention on their part to commit murder of the deceased. He
submitted that there are statements of neighbouring witnesses
where they have only spoken about the assault. The genesis of
the incident is reflected in the statements of mother of the
deceased and Rahul Pawar who is brother of the deceased.
7. Learned A.P.P. opposed this application. She
submitted that there are eye witnesses to the incident and
looking at the nature of the injuries, the offence punishable
4 of 8
::: Uploaded on - 15/06/2021 ::: Downloaded on - 15/06/2021 21:57:24 :::
:5: 19.BA-1942-21.odt
under Section 302 of IPC is made out.
8. I have considered these submissions. The post-
mortem notes show that the deceased had suffered as many as
21 injuries which were in the nature of bruises, abrasions,
laceration and incised wound. Therefore, there is no doubt
that he was assaulted and though the cause of death is not
given; apparently he had died because of this assault. The
question is whether the applicants had requisite intention
falling within the definition of murder. Though this question
will have to be finally decided during the trial, at this stage,
there are indications that their intention was not to commit
his murder, which is reflected from various statements of eye
witnesses.
9. As far as independent eye witnesses are
concerned, there are statements of neighbours Dattatraya
Pawar, Arun Pawar, Sujit Pawar, Dattatraya Jadhav and Vinod
Pawar. All of them have stated that at about 8:00 p.m. on
27.12.2020, quarrel was going on in the house of the
deceased. He was being assaulted by applicants No.2 & 3 with
5 of 8
::: Uploaded on - 15/06/2021 ::: Downloaded on - 15/06/2021 21:57:24 :::
:6: 19.BA-1942-21.odt
wooden sticks and applicant No.1 was beating him with his
hands. The important statement would be that of mother of
the deceased, who had seen the incident right from the
inception. She has stated that in the morning the deceased
had assaulted this witness i.e. his own mother for which a
complaint was made to the police station. In the evening the
deceased had returned home under influence of liquor. He
started abusing and assaulting applicant No.2. Applicant No.3
tried to intervene. At that time, applicant No.1 also came to
their house. He started beating the deceased. Thereafter
applicants No.2 & 3 started giving blows with wooden pieces
which were in the house. This statement is important which
shows genesis of the incident. Significantly this statement
specifically mentions that the deceased had started beating
applicant No.2 and he had held her by throat.
. The sequence does indicate that applicant No.2
and others could be under the real apprehension of serious
injuries to applicant No.2. In that case, applicant No.1 has
significantly given beating only with his hands. It is the two
6 of 8
::: Uploaded on - 15/06/2021 ::: Downloaded on - 15/06/2021 21:57:24 :::
:7: 19.BA-1942-21.odt
ladies i.e. applicants No.2 & 3 who have beaten the deceased
with wooden sticks.
10. In his statement, Rahul Pawar brother of the
deceased, has stated that after the quarrel between the
deceased and applicants, the deceased was sleeping in the
hall. But in the night he felt breathless. Therefore the family
members got scared. Applicant No.2 suggested that he should
be removed to Command Hospital because his treatment was
going on there. Thereafter they arranged for a car and the
deceased was immediately taken to Command Hospital. This
shows that the applicants have not beaten the deceased to
death. He was sleeping after the assault, but, in the night his
condition deteriorated and seeing this the applicants
immediately arranged to remove him to the hospital. In fact
applicant no.2 suggested that he should be taken to Command
Hospital where his treatment was already going on. This
shows that the applicants may not have entertained intention
to commit murder of the deceased. There was no
premeditation or preparation to commit the assault. In this
7 of 8
::: Uploaded on - 15/06/2021 ::: Downloaded on - 15/06/2021 21:57:24 :::
:8: 19.BA-1942-21.odt
background, lenient view can be taken only for consideration
of bail. Applicant No.1 is not attributed any role with any
weapon. Other two applicants are ladies and the assault has
taken place in the background mentioned hereinabove.
11. In this view of the matter, bail can be granted to
all the applicants. Therefore, their detention in custody for
the entire period of trial is not necessary. Hence the following
order :
ORDER
(i) In connection with C.R.No.643/2020 registered at Satara Taluka police station, the applicants are directed to be released on bail on their furnishing PR bonds in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) each with one or two sureties each in the like amount.
(ii) The Application stands disposed of accordingly.
(SARANG V. KOTWAL, J.) Deshmane (PS) 8 of 8 ::: Uploaded on - 15/06/2021 ::: Downloaded on - 15/06/2021 21:57:24 :::