Rahul @ Chaddo Sonu Kombdiya v. The State Of Maharashtra
JAYARAJAN ANJAKULATH NAIR Date: 2022.06.29 10:46:24 +0530 JAYARAJAN ANJAKULATH NAIR 1/3 48 BA-138.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.138 OF 2021 Rahul @ Chaddo Sonu Kombdiya ] ... Applicant Vs.
The State of Maharashtra ] ... Respondent ...
Mr. Aniket Vagal for the applicant.
Ms. Veera Shinde, A.P.P. for the State.
Mr. Yogesh Mali, PSI attached to Ulhasnagar Police Station is present in the court.
...
CORAM
: SMT. BHARATI DANGRE, J.
DATED : 27TH JUNE, 2022.
P.C.:- 1.
The applicant is charge-sheeted for an offence punishable under Sections 302, 323 read with Section 34 of the IPC. The charge-sheet filed against the three accused persons arraign the applicant as accused No.2. The applicant came to be arrested on 02/10/2018 and since then, he remains incarcerated. 2.
With the assistance of learned counsel for the applicant, I
2/3 48 BA-138.21.odt have perused the charge-sheet placed on record. All the three accused persons are alleged to have assaulted one Raju Londe on the pretext that he is a bicycle thief and, in the backdrop of the conspiracy entered between the accused, on the date of the incident, they assaulted the deceased by fists and blows. When he made an attempt to flee away and when he reached in front of Navani Stage, Gole Maidan, Ulhasnagar, he fell on the ground and the accused chased him and assaulted him with cement concrete paver blocks. This resulted in a bleeding injury on his head, which was responsible for his death.
3.
The inquest panchanama clearly records the crushing injury on the head. Similarly, column No.19 of the postmortem report refers to multiple fracture of crushing of skull bone. The cause of death was asserted as death due to head injury. 4.
The charge-sheet compiles statements of several witnesses, which include the statement of Dipu Chotvani, who was accompanying deceased Raju and, is an eye-witness to the said incident. He has specifically stated that while Raju fell down on the ground, all the three accused assaulted on his head by means of cement paver blocks. The other witnesses, whose statements are compiled, corroborate the case of the prosecution. 5.
Apart from the nature of accusations and gravity of the offence, learned A.P.P. also objects to the release of the applicant
3/3 48 BA-138.21.odt on the ground that he has criminal antecedents and she refers to eight offences registered against him with Ulhasnagar Police Station, where he is charged with offences punishable under Sections 324, 504, 506, 379, 394, 457, 380, 452, 324, 323 as well as offence under Section 307 of the IPC. 6.
Considering the criminal antecedents and the material compiled against the applicant in the charge-sheet, he does not deserve his release on bail. The application is rejected. [SMT. BHARATI DANGRE, J.]