Bombay High Court
Sanjay Motiram Pawar vs The State Of Maharashtra on 13 January, 2020
Author: Prakash D. Naik
Bench: Prakash D. Naik
Ethape 1/4 16.BA.1888.19.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1888 OF 2019
Sanjay Motiram Pawar .. Applicant
Vs.
The State Of Maharashtra .. Respondent
......
Mr.Mahendra N. Sandhyanshiv, Advocate for Applicant.
Mr. S. S. Pednekar, A.P.P. for the State-Respondent.
......
CORAM : PRAKASH D. NAIK, J.
DATE : 13th JANUARY 2020
PC.
1 The Applicant is seeking bail in connection with C. R.
No. 118 of 2018, registered with Vadner Khakurdi Police Station,
Malegaon Dist. Nashik for ofences punishable under Sections
302, 307, 323, 504, 506, 143, 147, 148, 149, 114 of the Indian
Penal Code (for short "IPC").
2 The First Information Report (for short "FIR") was
lodged on 21st October 2018 by Mahendra Jibhau Thorat. In the
FIR, it is alleged that, on account of previous quarrel, the
Applicant had assaulted the brother of the complainant Rajendra
by fst and kick blows. Applicant went home, and returned with
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his family consisting of children, wife, cousin and parents with
weapons. Applicant was holding Katti, his son Ganesh @ Bhaiyya
was having chopper Dinesh Pawar holding Gupti and daughter
Kareena was having sickle. His parents were having stone in
their hand and they were abusing. Krushna Pawar providing
weapons. He was instigating other. Ganesh @ Bhaiyya Pawar
assaulted Rajendra with knife on the left side of his chest, as a
result, he fell down. Nirmala Thorat was assaulted by applicant.
Rajendra Thorat succumbed to the injury. Supplementary
statement of Mahendra Thorat was recorded on 22 nd October
2018. In the said statement, he stated that, there is discrepancy
in his version refected in the complaint dated 21 st October 2018.
He stated that, in the complaint dated 21 st October 2018, he had
mentioned that, the Ganesh was armed with Chopper. He had
also stated that, applicant had assaulted Nirmala by Katti. The
assailants had killed his brother, hence he was in disturbed state
of mind. Ganesh Pawar was having knife and not chopper. He
had assaulted Rajendra by knife on his chest and when Nirmala
intervened, Ganesh assaulted her with knife on her chest. He has
seen applicant raising Katti to assault Nirmala. Hence, while he
was in disturbed state of mind, mistakenly he stated that Nirmala
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was assaulted by applicant. Nirmala Thorat was recorded on 24 th
October 2018, she stated that, Ganesh had assaulted Rajendra by
knife. Ganesh also assaulted her by knife on her chest.
3 Thus, the role attributed to the applicant is that, he
was armed with weapon but did not assault Rajendra Thorat or
Nirmala Thorat.
4 Learned APP submitted that, after granting bail to the
co-accused who were ladies, there was quarrel between both the
parties. There is enmity between both sides.
5 Apart from changed version of complainant and
statement of injured Nirmala, statement of eye witness Yuvraj
Mhasde recorded on 21st October 2018, Rahul Akhade dated 21 st
October 2018, Sagar Ahire, Kalu Khare, Vinod Khare are
consistent with supplementary statement of complainant and
statement of injured Nirmala. The applicant is in custody from
22nd October 2018. Considering these circumstances, bail can be
granted to applicant.
:: O R D E R ::
(i) Bail Application No.1888 of 2019, is allowed;
(ii) The Applicant is directed to be released on bail in ::: Uploaded on - 15/01/2020 ::: Downloaded on - 15/01/2020 21:11:20 ::: Ethape 4/4 16.BA.1888.19.docx connection with C.R. No. 118 of 2018, registered with Vadner Khakurdi Police Station, Malegaon, Dist. Nashik, on furnishing P.R. Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount;
(iii) The Applicant shall stay out of jurisdiction of Vadner Khakurdi Police Station, Malegaon Dist. Nashik till the conclusion of the trial.
(iv) The Applicant shall furnish the details of his residence to the Investigating Oficer after he is released on bail.
(v) Applicant shall attend trial Court regularly on the date of hearing of the case, unless exempted by Court.
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