Ganesh Sanjay Gaikwad v. The State Of Maharashtra
rpa 1/5 26-ba-3153-19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3153 OF 2019 Ganesh Sanjay Gaikwad .. Applicant Vs.
State of Maharashtra .. Respondent ......
Mr.Yuvraj P. Narvankar, Advocate for the Applicant. Mr.S.H. Yadav, APP for the Respondent - State. ......
CORAM : PRAKASH D. NAIK, J.
DATED :
FEBRUARY 03, 2020.
P.C. :
The applicant is seeking bail in connection with C.R. No.150/2019 registered with Bhosari Police Station, Pimpri - Chinchwad, Pune, under Sections 302, 307, 143, 147, 148 and 149 of Indian Penal Code (for short "IPC"), and under Sections 4 read with 25 of the Indian Arms Act and under Section 37(1)(3) read with 135 of the Maharashtra Police Act.
The applicant is arrested on 13th February, 2019. The investigation is over and the charge-sheet is fled.
rpa 2/5 26-ba-3153-19.doc The prosecution case pertains to murder of one Sunil Arade. The FIR is lodged by the frst informant Aniket Chandane. It is alleged that on 4th February, 2019 at about 10:00 p.m., he was called by his uncle Sunil Arade (deceased). He told him that he had some altercation with associates of Ravi. Sunil called the informant for help. Accordingly the informant along with his friends Kiran, Salman, Renold, Adjan Qureshi went to the house of Sunil. Sunil told them to proceed towards Dapodi. The informant and Salman started walking towards that direction. When he reached across the bridge, he saw that his uncle. About 10 to 12 assailants came there with sickle and wooden log. The informant tried to intervene. Renold and Salman tried to help him, but, all of them were assaulted. Complainant's uncle, Sunil was assaulted. The informant and his uncle fell down at the spot in injured condition. They were removed to Government Hospital. Sunil succumbed to injuries. The deceased had developed enmity with Ravi Manjrekar who was indulging in gambling activities.
rpa 3/5 26-ba-3153-19.doc It is submitted that, the frst informant has not named the applicant in the FIR. The supplementary statement was recorded on 15th April, 2019 in which for the frst time the applicant was implicated stating that he has assaulted the complainant and deceased by fst and kick blows. Apart from the complainant there are statements of two other witnesses Anuradha Arade and Mangala Chandane. In their frst statements they had not named the applicant. However, subsequently, on 15th April, 2019, the name of the applicant was disclosed through complainant and attributed role of assault by fst and kick blows. Learned APP submitted that the Test Identifcation Parade was conducted and the applicant has been identifed in the Parade. It is submitted that all the accused had formed unlawful assembly and they had assaulted the complainant and deceased. The applicant was amongst them.
The co-accused Gurudatta Manohar Jadhav had
rpa 4/5 26-ba-3153-19.doc preferred bail application No. 2381 of 2019 before this Court. He was granted bail vide order dated 17th October, 2019. While granting bail the Court had taken into consideration and fact that in the complaint and the statements of the witnesses he was not named. However, in the supplementary statements his name was refected. The role of assaulting by fst and kick blows was attributed to him. Only distinguishing feature between the applicant and co-accused who has been granted bail is that the accused Gurudatta Manohar Jadhav was not identifed. The applicant has been identifed, apparently after supplementary statement. The question still remains as to how the name of the applicant was refected in the supplementary statement, although the applicant was not named in the initial statements by all the witnesses. The applicant is arrested on 13th February, 2019 and the charge-sheet is fled. Abhijit Khandagale was granted bail by this Court by order dated 9th January, 2020. Considering these circumstances case for grant of bail is made out.
rpa 5/5 26-ba-3153-19.doc Hence, I pass the following order.
O R D E R
(i) Bail Application No. 3153 of 2019 is allowed;
(ii) The applicant is directed to be released on bail in connection with C.R.No. 150 of 2019 registered at Bhosari Police Station, Pimpri-Chinchwad, Pune, on furnishing P.R. bond in the sum of Rs. 25,000/-, with one or two sureties in the like amount;
(iii) The applicant shall report concerned police station once in a month on every frst Saturday between 10.00 am. to 12.00 pm., till further order;
(iv) Bail Application stands disposed of accordingly.
(PRAKASH D. NAIK, J.)