Shivaji Ramchandra Pawar v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1764 OF 2024 Shivaji Ramchandra Pawar ...Applicant
Versus
The State of Maharashtra
...Respondent
Mr. Niranjan Mundargi with Keral Mehta and Mr. Pundalik Bhalbar, Advocates, for the Applicant.
Mr. P.P. Malshe, APP, for the Respondent - State.
CORAM:
MADHAV J. JAMDAR, J.
DATE:
26th April 2024 P. C.
1.
Heard Mr. Niranjan Mundargi, learned Counsel for the Applicant and Mr. Malshe, learned APP for the Respondent-State. 2.
This regular Bail Application is preferred under Section 439 of the Code of Criminal Procedure, 1973. The present Applicant is Accused No.1. The relevant details are as follows:-
1. C. R. No.
2. Date of Registration of F.I.R.
23/05/2023
3. Name of Police Station Sangola, District-Solapur
4. Section/s invoked 302, 143, 147, 148 and 149 of the I.P.C., 1860;
4 & 25 of the Arms Act, 1959;
135 of the Maharashtra Police Act, 1951.
5. Date of incident 22/05/2023
6. Date of arrest 24/05/2023
7. Date of filing Chargesheet 19/08/2023 Page No.1
3.
As per the prosecution case, on 22nd May 2023 at 7.45 p.m., the deceased-Amol Lavate along with his cousin one Mahesh Lavate, left on their motorcycle for Sangola and on their way to Sangola while they were at the Waki Gheradi Chowk, one white Innova Car travelling at a high speed crashed into their motorcycle. Due to the said collision, the motorcycle slipped down the road. The said car was being driven by Accused No.2-Sharad Shivaji Pawar. His father i.e. Accused No.1-Shivaji Pawar was on the rear seat and brother of Shivaji Pawar i.e. Accused No.3-Bharat Pawar was on the front seat. In view of the said accident, a verbal spat and a heated altercation occurred between the deceased and three Accused persons i.e. Accused Nos.1, 2, and 3.
4.
As per the prosecution case, the house of said Shivaji Pawar was near the spot of the said incident and that Applicant-(Accused No.1) Shivaji Pawar immediately went to his residence and told the Accused Nos.2 and 3 to restrain and detain the deceased in the meanwhile. He returned running to the spot carrying a knife from his house and Accused No.4-Shantabai alias Shanta Shivaji Pawar i.e wife of Accused No.1 and Accused No.5-Vijaya alias Vijubai Pandurang Jadhav i.e. sister of Accused No.1 also rushed to the said spot. They both were carrying chilli powder in their hands. As per the prosecution case, they threw chilli powder on the face of the Page No.2
deceased. The deceased was assaulted by Accused No.1-Shivaji Pawar and also he threw chilly powder on the mouth of the deceased. 5.
It is the contention of Mr. Mundargi, learned Counsel for the Applicants that the said incident has occurred on the spur of the moment and that there is nothing on record to show that the said incident was premeditated. He submitted that the Applicant is 66 years old and there are no antecedents. He therefore, submitted that this is a fit case for granting bail.
6.
On the other hand, Mr. Malshe, learned APP for the Respondent-State, submitted that there are about six eye-witnesses to the incident in question. He further stated that there is recovery of blood stained shirt and knife at the instance of the Applicant. He submitted that the major role is attributed to the present Applicant who has assaulted the decesed with knife.
7.
Perusal of the prosecution case as contained in the Chargesheet and Statement recorded during the investigation shows that this is a case of road rage. The incident has prima facie occurred on the spur of the moment. The date of incident is 22nd May 2023. The Applicants were arrested on 24th May 2023 and the Charge-sheet has been filed on 19th August 2023. Thus, the investigation is completed. Mr. Mundargi, learned Counsel for the Applicants submitted that the Page No.3
trial has not commenced yet and that even the charge is also not framed yet. As per the prosecution case and list of witnesses annexed to the Charge-sheet, there are 26 witnesses proposed to be examined by the prosecution. The trial is unlikely to conclude any time soon and is likely to take a considerably long time. 8.
There are no criminal antecedents against the present Applicants.
9.
Mr. Mundargi, learned Counsel for the Applicants stated that as several witnesses are residing in the same locality as that of the Applicants, the Applicants will therefore not reside within Solapur district and that the Applicants will reside at C/o. Pratiksha Kate, Aditya Apartment, S.N. 7/2, Plot No.3, 1st Floor, Flat No.6, Kadam Plaza, Pune-Satara Road, Opposite Bharti Hospital, Katraj, Pune - 411 046.
10.
The Applicants do not appear to be at risk of flight. 11.
Accordingly, the Applicants can be enlarged on bail by imposing conditions.
12.
In view thereof, the following order:- Page No.4
O R D E R
(a) The Applicant - Shivaji Ramchandra Pawar be released on bail in connection with C.R. No.448 of 2023 registered with the Sangola Police Station, Taluka-Sangola, DistrictSolapur on furnishing P.R. Bond of Rs.25,000/- with one or two solvent sureties in the like amount.
(b) The Applicant shall not enter the Solapur district after being released on bail, except for reporting to the Investigating Officer, if called and for attending the trial. (c) On being released on bail, the Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.
(d) The Applicant shall report to the Bharti Vidyapeeth Police Station, Katraj, District-Pune once every month, on first Sunday between 11.00 a.m. and 1.00 p.m. till the conclusion of the trial. The Police Inspector of Bharti Vidyapeeth Police Station, Katraj, District-Pune to communicate details thereof to the Investigating Officer. Page No.5
(e) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.
(f) The Applicant shall not tamper with the evidence and shall not contact or influence the Complainant or any witnesses in any manner.
(g) The Applicant shall attend the trial regularly. The Applicants shall co-operate with the Trial Court and shall not seek unnecessary adjournments thereat.
(h) The Applicant shall surrender their passport, if any, to the Investigating Officer.
12.
The Bail Application is disposed of accordingly. 13.
It is clarified that the observations made herein are prima facie and the Trial Court shall decide the case on its merits, uninfluenced by the observations made in this order.
[MADHAV J. JAMDAR, J.] Page No.6