Rangnath Keshav Jadhav v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1578 OF 2023 Rangnath Keshav Jadhav ...Applicant

Versus

The State of Maharashtra

...Respondent

Digitally signed by TALLE SHUBHAM ASHOKRAO Date:

2024.01.08 19:52:50 +0530 TALLE SHUBHAM ASHOKRAO _________________________________________________________________ Mr. Aniket Nikam a/w Adv. Satyajeet Mane, i/by Adv. Amit Icham for the Applicant.

Ms. M. H. Mhatre, APP for the Respondent-State. Mr. A. B. Navale, PSI, Vadner-Khakurdi Police Station, Nashik present _________________________________________________________________ CORAM : MADHAV J. JAMDAR, J.

DATED : 08th JANUARY 2024 P.C.:

1.

Heard Mr. Nikam, learned Counsel appearing for the Applicant and Ms. Mhatre, learned APP appearing for the Respondent/State. 2.

This is a regular Bail Application filed under Section 439 of the Code of Criminal Procedure, 1973 by the Applicant who is Accused No.1.

3.

The relevant details are as follows:- C.R. No.

214/2022 Date of Registration of F.I.R.

18/09/2022 1/6

Police Station Wadner-Khakurdi Police Station, Nashik Sections Applied 307,326,143,147,148,149, 324,504,506 of the Indian Penal Code, 1860 Date of Incident 17/09/2022 Date of Arrest 13/04/2023 Date of filing of Chargesheet 16/12/2022 & 29/04/2023 4.

The Applicant and the injured-Gorakh Keshav Jadhav are real brothers Injured-Rohini Gorakh Jadhav is the wife of Gorakh Keshav Jadhav and Injured-Gaurav Gorakh jadhav is the son of Gorakh Keshav Jadhav. There is continuous dispute between the Applicant and his family members on one side and said Gorakh Keshav Jadhav and his family members on other side regarding the agricultural land. There is an earlier C.R. No. 31 of 2022 filed under Section 307 read with Section 34 of the Indian Penal Code, 1860 by the wife of the Applicant against said Gorakh Keshav Jadhav and his 2 sons. There are total 9 non-cognizable complaints filed by Applicant and/or his family members against the said Gorakh Keshav Jadhav and/or his family members.

5.

The present F.I.R. is under Section 307 of the Indian Penal Code, 1860. The present F.I.R. has been lodged by Ms. Rohini Gorakh 2/6

Jadhav i.e. wife of said Gorakh Keshav Jadhav. There are a total of 9 cases also filed against Applican-Rangnath Keshav Jadhav and/or his family members.

6.

The charge-sheet has been filed in this case on 16th December 2022 and the Supplementary Charge-sheet has been filed on 29th April 2023. There are a total of 35 witnesses. It is an admitted position that in the present C.R., there are a total of 19 accused persons and except the present Applicant, all other accused persons have been enlarged on Bail.

7.

As per the prosecution case, the Applicant assaulted Gorakh Keshav Jadhav on his back with a sharp weapon Viz. a Katti. It is the submission of the learned Counsel appearing for the Applicant that the said Katti is used in agricultural activities. 8.

As already noted a dispute pertaining to the agricultural land exists between the parties and that there are cross cases filed against each other.

9.

The investigation has been completed. The Charge-sheet refers to about 30 witnesses. The trial has not yet started. The trial is unlikely to conclude any time soon and is likely to take a considerably long time. The present Applicant does not have any 3/6

criminal antecedents except the complaints and cross complaints mentioned hereinabove.

10. Mr. Nikam, learned Counsel appearing for the Applicant states that the Applicant as well as several other witnesses are residing in the same locality. Therefore, the Applicant will reside outside the jurisdiction of Wadner, Taluka - Malegaon, District Nashik and will reside at Satana, Taluka - Satana, District Nashik.

11. The Applicant does not appear to be a flight risk.

12. Accordingly, the Applicant can be enlarged on bail by imposing conditions. Hence, the following order:-

O R D E R

(a) The Applicant Rangnath Keshav Jadhav be released on bail in connection with C.R. No. 214 of 2022 registered with the Wadner-Khakurdi Police Station, District Nashik on his furnishing a Personal (P.R.) Bond of Rs.25,000/- with one or two sureties in the like amount.

(b) The Applicant shall not enter the jurisdiction of the Wadner-Khakurdi Police Station, District Nashik after being released on bail except for reporting to the Investigating Officer, if called.

4/6

(c) On being released on bail, the Applicant shall furnish his cell phone number and residential address to the Investigating Officer while residing at Taluka Satana, District Nashik and shall keep the same updated, in case there is any change.

(d) The Applicant shall report to the Satana Police Station, District Nashik once every week, on every Sunday between 11.00 a.m. and 1.00 p.m. till the conclusion of the trial. The Police Inspector of Satana Police Station, District Nashik to communicate details thereof to the Investigating Officer.

(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 him/ her from disclosing the facts to Court or any Police Officer. (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 Applicant shall co-operate with the trial Court and shall not 5/6

seek unnecessary adjournments.

(h) The Applicant shall surrender his passport, if any, to the Investigating Officer.

13. The Application is disposed of.

[MADHAV J. JAMDAR, J.] 6/6