Ramdas Shankar Pawar v. The State Of Maharashtra

NISHA SANDEEP CHITNIS NISHA SANDEEP CHITNIS Date: 2021.10.07 18:34:43 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1548 OF 2020 Ramdas Shankar Pawar ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Tushar Kochale, for the Applicant.

Ms. Anamika Malhotra, A.P.P for the Respondent - State. CORAM : REVATI MOHITE DERE, J.

DATE : 30th SEPTEMBER 2021 (THROUGH VIDEO CONFERENCING) P.C. :

1.

Heard learned counsel for the parties.

2.

By this application, the applicant seeks his enlargement on bail in connection with C.R. No. 1139 of 2017 registered with the Chakan Police Station, Pune (Rural), for the alleged offence punishable under Section 302 of the Indian Penal Code.

3.

Persued the papers. The applicant is the husband of deceased - Mangal Pawar. It is the prosecution case that deceased would quarrel with his wife - Mangal and would also assault her and that in the intervening 1/3

night of 11th November 2017 and 12th November 2017, he committed murder of Mangal (deceased) by throwing a stone on her head. The prosecution case rests on circumstantial evidence. The statement of Anita Adagale reveals that she had last seen deceased - Mangal with the applicant on 11th November 2017 at 7:00 p.m. The said witness Anita has stated that the applicant and his wife were also working in the sugarcane field and were helping in cutting of the sugarcane. She has stated that the applicant was addicted to alcohol, pursuant to which, there used to be continuous quarrels between the applicant and his wife i.e. deceased - Mangal and that the applicant would assault his wife (deceased) frequently. She has stated that even on 11th November 2017, she had seen both of them together at 7:00 p.m. fighting with each other.

She has stated that on the next day in the morning i.e. on 12th November 2017, at about 6:00 a.m. when she went to the field, both the applicant and his wife (deceased) were missing and had not come to the field for work. The dead body of deceased - Mangal was found on 12th November 2017 at 10:00 a.m. The said witness had deposed that she had last seen the applicant with the deceased. It appears that the applicant had not reported to work on the next day i.e. 12th November 2017. Similarly, it appears that the applicant's chappal was found at the spot where the dead body was found, pursuant to which, the dog squad traced the applicant.

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4.

Considering the material qua the applicant, this is not a fit case to enlarge the applicant on bail. The possibility of the applicant threatening and intimidating the witness in the said case also cannot be ruled out.

5.

Hence, the application for bail is rejected and disposed of as such. The applicant is in custody since 2017, hence, the trial of the applicant is expedited. The learned Judge to conclude the case, as expeditiously as possible, and in any event on or before 30th June 2022. 6.

It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order. REVATI MOHITE DERE, J.

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