Chetansingh Vijaysing Pardeshi v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1359 OF 2014 Chetansing Vijaysing Pardeshi.

... Applicant.

Versus

The State of Maharashtra ... Respondent.

--- Mr. Amol Deshpande, advocate for Applicant. Ms. R.V. Newton, APP for State.

--- CORAM : SMT. SADHANA S. JADHAV,J DATE : MARCH 11, 2015 P.C.:

Heard the learned Counsel for the applicant and the learned APP for State.

This is an application under Section 439 of the Code of Criminal Procedure, 1973. The applicant is arrested on 17/1/2014 in Crime No. 2 of 2014 registered at Vishrantwadi Police Station for offence punishable under Section 302 of the Indian Penal Code. The investigation is completed and charge-sheet is filed. 1/3

Today the learned APP has placed on record the C.C.T.V. Footage of the scene of offence wherein Rajendra Kole had met a homicidal death. It appears from the images of the C.C. T.V. footage that the present applicant was present at the scene of offence. The applicant was seen in the company of the main assailant Prashant Kadam at the time of incident. It appears that the applicant had gone to the spot at the request of the co-accused soonafter the incident. The CCTV footage further establishes that eye witness Pramod Mulik was also at the scene of offence and has been an eye witness to the incident. The applicant had left the scene in the company of the main accused. The learned Counsel for the applicant submits that the identification of the dead body is doubtful.

Upon perusal of the papers of investigation, it is clear that the applicant is involved in the said incident. It prima facie appears that there has been common intention between the applicant and the coaccused. In view of this, the applicant does not deserve grant of bail. 2/3

Hence, the application being sans merit stands rejected. The application is disposed of accordingly.

(SMT. SADHANA S. JADHAV,J) 3/3