Bombay High Court
Bharat S/O. Gulab Kale vs The State Of Maharashtra on 17 August, 2020
Author: R. G. Avachat
Bench: R. G. Avachat
1 BA-45-2020+.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 45 OF 2020
Ajit Laximan Sathe ... Applicant
Versus
The State of Maharashtra ... Respondent
WITH
BAIL APPLICATION NO. 46 OF 2020
Karan Bapurao Dongre ... Applicant
Versus
The State of Maharashtra ... Respondent
WITH
BAIL APPLICATION NO. 1557 OF 2019
Mahadev @ Madhu @ Sunil s/o Balaji Pawar ... Applicant
Versus
The State of Maharashtra ... Respondent
WITH
BAIL APPLICATION NO. 1558 OF 2019
Bharat Gulab Kale ... Applicant
Versus
The State of Maharashtra ... Respondent
....
Mr. G. J. Kore, Advocate for the applicants in B.A.No.45/2020 and
B.A.No.46/2020
Mr. S. A. Gaikwad, Advocate for the applicants in B.A.No.1557/2019
and B.A.No.1558/2019
Ms R. P. Gaur, APP for the State
....
CORAM : R. G. AVACHAT, J.
RESERVED ON : 28th JULY, 2020
PRONOUNCED ON : 17th AUGUST, 2020
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ORDER :-
. All these applications for bail under Section 439 of the Code of Criminal Procedure, have been heard together as they arise from one and the same crime i.e. Crime No.39/2014 registered with Yermala Police Station, Taluka Kallam, District Osmanabad, for the offence punishable under Sections 395, 396, 397, 364, 201, 412 read with Section 34 of the Indian Penal Code and under Sections 3(1)(i)(ii), 3(2), 3(4), 3(5) of the Maharashtra Control of Organized Crimes Act, 1999 (MCOC Act).
2. Heard learned counsel for the parties. Perused the First Information Report (F.I.R.) and the relevant police papers, including the confession statements of the applicants Ajit Sathe, Karan Dongre and the co-accused.
3. Brief Facts :
Dinesh Kumar (first informant) hails from village Manjani, Tq. Atur, Dist. Selum (State of Tamil Nadu). He is a Driver by profession. He was employed to drive truck, bearing registration No.TN-34-E- 8071. One Punrasu Kannan (deceased) was the co-driver. In the last 2 of 8 ::: Uploaded on - 17/08/2020 ::: Downloaded on - 18/08/2020 05:28:16 ::: 3 BA-45-2020+.doc week of April 2014, the first informant and deceased Punrasu were carrying 324 bags of Sago, worth Rs.10,00,000/- from Selum to Bhilwada (Rajasthan). On 30.04.2014, they were passing through Maharashtra. By 09.00 p.m. on 30.04.2014, the first informant and Punrasu took dinner at Solapur and started for onward journey. It was about 02.00 a.m. on 01.05.2014 they were travelling along Tuljapur-Osmanabad road. Near village Yedshi, one Scorpio vehicle overtook the truck and blocked its way. Four persons alighted from Scorpio vehicle. They entered the truck's cabin, two from driver's side and others from cleaner's side. Two of them were armed with wooden rods. The F.I.R. contained their description. Two of them started assaulting the first informant and other two dealt with Punrasu. They tied their hands with a Lungi. One of them took control of the truck and proceeded towards Kallam. After proceeding for about 10-12 kms., they robbed two cell-phones of the first informant and Panrasu, besides Rs.15,000/-. Then, the four made the duo to get down from the truck and board Scorpio vehicle and proceeded towards Yermala. The first informant and Punrasu were severally beaten up and then dropped in a dry well behind Yedeshwari temple. The first informant regained consciousness on the next day by 12.00 noon. Punrasu was not around to be seen. The 3 of 8 ::: Uploaded on - 17/08/2020 ::: Downloaded on - 18/08/2020 05:28:16 ::: 4 BA-45-2020+.doc first informant came up on the road and approached the Police Station, Yermala and lodged report of the incident.
4. The applicants - Ajit Sathe and Karan Dongre, had earlier moved applications for bail. They however, withdrew the same. Ajit Sathe and Karan Dongre and some other co-accused, had also moved application for discharge. The Special Court, constituted for trial of offences under the MCOC Act, had rejected the same. The Appeals, were therefore, preferred there against.
5. The Division Bench of this Court (to which, I was a party), was pleased to partly allow those appeals, holding that both these applicants (Ajit Sathe and Karan Dongre) could be charged with the offence of abetment of organized crime and related offences under the Indian Penal Code.
6. Learned counsel for the applicants would submit that these applicants have prayed for grant of bail on the ground of parity. All the applicants have been behind the bars for over six years. Although, the trial has commenced, few of the panch witnesses have only been examined. They did not stand by the prosecution. In view of the present Covid-19 pandemic situation, it is not known as to 4 of 8 ::: Uploaded on - 17/08/2020 ::: Downloaded on - 18/08/2020 05:28:16 ::: 5 BA-45-2020+.doc when the trial would resume and what time it will take for conclusion thereof.
Learned APP, would on the other hand, submit that it is an organized crime. An innocent person lost his life. It is the case of dacoity with murder. The learned APP, ultimately, urged for rejection of the applications.
7. It is reiterated that while deciding the appeals, the Division Bench of this Court has observed that the applicants - Ajit Sathe and Karan Dongre could be tried with the offence of abetment of crime. While appreciating the material appearing against both of them, it has been observed that both of them have been identified by the informant in the T. I. parade.
8. Perusal of the police papers, do indicate these two applicants (Ajit Sathe and Karan Dongre) to have been involved in a dacoity. It, however, prima-facie, appears that they have not played any role in eliminating (committing murder) of the co-driver of the truck. The nature of evidence appearing against them is of confessional statements of their own and that of co-accused. While deciding the criminal appeals (Criminal Appeal No.100/2018 and 5 of 8 ::: Uploaded on - 17/08/2020 ::: Downloaded on - 18/08/2020 05:28:16 ::: 6 BA-45-2020+.doc other connected appeals), the Division Bench of this Court has made some observations regarding admissibility of confessional statements made to police officer. Since the trial has commenced, it will not be proper to make any observations regarding the confessional statements, on which the prosecution proposes to rely.
9. Since both the applicants (Ajit Sathe and Karan Dongre), prima-facie appeared to have not played any active part in commission of murder of the co-driver and the fact that both of them have been behind bars for over six years, I am inclined to grant them bail.
10. So far as regards other two applicants i.e. Mahadev @ Madhu @ Sunil s/o Balaji Pawar and Bharat Gulab Kale, are concerned, it is to be stated that the confessional statements undoubtedly indicate their involvement in commission of the organized crime. Both of them have been involved in committing murder of co-driver of the truck. As such, no case for grant of bail is made out as regards the applicants in B.A.No.1557/2019 and B.A.No.1558/2019.
11. Hence, the following order:-
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(i) Bail Application Nos. 45/2020 and 46/2020 are allowed.
(ii) Bail Application Nos.1557/2019 and 1558/2019 are rejected.
(iii) The applicants, namely, Ajit Laximan Sathe (B.A.No.45/2020) and Karan Bapurao Dongre (B.A.No.46/2020) be released on bail in connection with Crime No.39/2014 registered with Yermala Police Station, Taluka Kallam, District Osmanabad, for the offence punishable under Sections 395, 396, 397, 364, 201, 412 read with Section 34 of the Indian Penal Code and under Sections 3(1)(i)(ii), 3(2), 3(4), 3(5) of the Maharashtra Control of Organized Crimes Act, 1999, on their executing P. R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand Only) each and surety bond each in the like amount.
(iv) The applicants i.e. Ajit Laximan Sathe (B.A.No.45/2020) and Karan Bapurao Dongre (B.A.No.46/2020) shall attend the concerned Police Station on every Sunday between 9.00 a.m. and 12.00 noon, until conclusion of the trial.
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(v) The applicants i.e. Ajit Laximan Sathe (B.A.No.45/2020) and Karan Bapurao Dongre (B.A.No.46/2020) shall not tamper with the prosecution evidence in any manner.
(vi) All the bail applications are disposed of.
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