Bombay High Court
Raju S/O. Sukhram Gavali And Others vs The State Of Maharashtra on 14 August, 2019
Author: V. K. Jadhav
Bench: V. K. Jadhav
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 746 OF 2019
1) SIDDHARTH S/O DILIP GANGURDE
2) KISHOR S/O CHOTIRAM PAWAR
3) AJIT S/O NAVSHYA GANGURDE
VERSUS
THE STATE OF MAHARASHTRA
.....
WITH
BAIL APPLICATION NO. 774 OF 2019
1) RAJU S/O SUKHRAM GAVALI
2) SUKMAL S/O DHONDU KAMBADE
3) RAJARAM S/O TULSIRAM RAUT
4) CHUNNILAL S/O ZAGYA MALICH
5) BANDU S/O PAVALU SABLE
6) GULAB S/O BATYA GAIKWAD
VERSUS
THE STATE OF MAHARASHTRA
....
Advocate for Applicants : Mr. R.B. Raghuwanshi h/f Mr. Rahul R
Raghuwanshi, Mr. Abhinay D. Khot
APP for Respondents: Mr. B.V. Virdhe
.....
CORAM : V. K. JADHAV, J.
DATED : 14 th AUGUST, 2019
PER COURT:-
1. The applicants are seeking bail in connection with crime No. 74
of 2018 registered with Pimpalner police station, District Dhule for the
offences punishable under Sections 302, 143, 144, 147, 148, 149,
341, 342, 353, 332, 427, 506 of I.P.C. Their applications bearing
Criminal bail application No. 768 of 2018 and 706 of 2018,
respectively, with similar prayer came to be rejected by the learned
Additional Sessions Judge, Dhule vide order dated 30.5.2019.
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2. Learned counsel for the applicants submits that so far as the
applicants in these applications are concerned, their role, as alleged
by the witnesses is limited to the extent that they have obstructed the
police party while entering into the Gram Panchayat office of village
Rainpada. Mr. Raghuwanshi, learned counsel submits that the said
five deceased persons were brought on foot by road from
Ghodyalamba to Rainpada and during the said course those five
deceased persons were subjected to extensive beatings. On
reaching to village Rainpada, those five deceased persons were
confined in Gram Panchayat office of Rainpada and co-accused
further extended beatings to them by locking the Gram Panchayat
office from inside and the police party came there lateron. Learned
counsel submits that so far as the allegations about beating extended
to those five deceased persons by some of the villagers, no
allegations have been made against these applicants about the
same. Some of the applicants are students and some of them are
farmers. They are in jail for more than one year. The applicants may
be released on bail.
3. Learned A.P.P. has strongly resisted the applications on the
ground that the eye witnesses have referred to the names of each
and every applicants in connection with the commission of crime.
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These applicants have obstructed the police party while entering into
the Gram Panchayat office of Rainpada. There is specific overt act
on their part. This is serious offence wherein five innocent persons
have lost their lives. The applicants may not be released on bail.
4. On going through the allegations made in the complaint and on
perusal of charge sheet, it appears that eye witnesses have taken
names of co-accused persons whose applications seeking bail came
to be withdrawn today. So far as the present applicants are
concerned, the allegations have been made against them to the
effect that they have obstructed the police party when arrived at
village Rainpada while entering into the Gram Panchayat office of
Rainpada where those five persons were confined and subjected to
continuous beating by co-accused whose applications for bail came
to be withdrawn today. There are no allegations about their
involvement in the actual commission of crime. It appears that
several villagers gathered on the spot to protest against the police
machinery for their inaction to nab the criminals wandering in the
area. These applicants are either students or farmers. Their
antecedents are clear. They have their permanent residents. They
are easily available for trial. Thus, considering the role attributed to
the applicants and since there are no allegations against them in
respect of actual commission of murders of those five persons, I am
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inclined to grant them bail on certain conditions. Hence, the following
order:-
ORDER
I. Bail Application No. 746 of 2019 and 774 of 2019 are hereby allowed.
II. The applicants in bail application No. 746 of 2019 viz. (1) Siddharth s/o Dilip Gangurde, 2) Kishor s/o Chotiram Pawar and
3) Ajit s/o Navshya Gangurde and the applicants in bail application No. 774 of 2019 viz. 1) Raju s/o Sukhram Gavali, 2) Sukmal s/o Dhondu Kambade, 3) Rajaram s/o Tulsiram Raut, 4) Chunnilal s/o Zagya Malich, 5) Bandu s/o Pavalu Sable and 6) Gulab s/o Batya Gaikwad, in connection with crime No. 74 of 2018 registered with Pimpalner police station, District Dhule for the offences punishable under Sections 302, 143, 144, 147, 148, 149, 341, 342, 353, 332, 427, 506 of I.P.C. be released on bail on furnishing personal bond of Rs.15,000/- each with one surety each of the like amount on following conditions:-
a) The applicants shall not tamper with the prosecution evidence in any manner.
b) The applicants shall attend the concerned police station once in a week i.e. on every Sunday between 8.00 a.m. to 11.00 a.m. for a period of three months from today.
III. Applications are disposed of.
( V. K. JADHAV, J.)
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