Ram Alias Satish Santosh Sonawane v. The State Of Maharashtra
2025:BHC-AUG:7329 {1}
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO.313 OF 2025 Mr. Ram @ Satish Santosh Sonawane, Age: 27 years, Occu.: Service, R/o. Patonda, Tq. Nandurbar, Dist. Nandurbar.
... Applicant
Versus
The State of Maharashtra Through Police Inspector, Nandurbar City Police Station, Tq. Nandurbar, Dist. Nandurbar ... Respondent ......
Mr. P.D. Bachate, Advocate h/f Mr. R.R. Raghuwanshi, Advocate for Applicant Mr. P.K. Lakhotiya, APP for Respondent - State ......
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 12 MARCH 2025 PRONOUNCED ON : 13 MARCH 2025 PER COURT :- 1.
Instant application is for regular bail on account of arrest of applicant in Crime No.0522 of 2024, registered with Nandurbar City Police Station, District Nandurbar for offences punishable under Sections 103, 109, 118(1)m 115(2), 189(2), 191(2), 191(3) of the Bharatiya Nyaya Sanhita and under Sections 37(1)(3) and 135 of the Maharashtra Police Act.
{2} 2.
Learned counsel for the applicant pointed out that, in FIR dated 19.08.2024, there are mere allegations of pelting stones. That, there was no premeditation. That, it was sudden occurrence in which there were pelting stones between two groups that too during some meeting called for settlement. That, initially crime was registered under Section 307 of IPC. Subsequently, while undergoing treatment, deceased died on 20.08.2024, crime is converted into Section 302 of IPC. That, whatever recovery was caused is already effected. That, investigation is over and charge-sheet is filed, therefore, no further purpose would be achieved by further detention of applicant, and hence, learned counsel urges for grant of bail. 3.
Learned APP took this Court through FIR and submitted that, specifically the applicant is named. That, informant himself has reported that stone was pelted initially hitting him on rear side of the head. That, subsequently he also assaulted by means of stick. Therefore, there being serious charges of committing murder, learned APP opposed the application.
4.
Heard. Perused the papers, particularly, FIR dated 19.08.2024 at the instance of injured deceased Vishal. He has
{3} reported that on 18.08.2024, two groups had gathered for amicable settlement arising out of some quarrel, which had taken place on 09.08.2024. He has reported that, at that time, suddenly, from the crowd, present applicant Satish @ Ram hit him stone from the rear side of the left ear, causing him bleeding injury. He further reported that, thereafter, Ashvin More gave him kick and fist blows, and Arun and Supdu More also hits stones resulting into injury to one Gajanan Shantilal Padvi. It is further stated that, Vishnu Ratan Gavit was hit by present applicant with wooden log, which caused grievous injury. Therefore, as pointed above, overtacts are attributed twice to the present applicant, i.e. during first occasion of hitting stone and subsequently using wooden log.
Injury certificate of Vishal and other injured are part of the charge-sheet. Papers show that deceased Vishal succumbed to the head injury on 20.08.2024. There is also eye witness of one Pravin Bhagatsing Kotwal, when the present applicant is indulged in assaulting twice to the deceased and other injured. Submissions made that occurrence was sudden and there was no motive or premeditated act, carried no force.
{4} 5.
Considering the nature of allegations and its gravity and in view of above discussion, this court is not inclined to grant relief as prayed, at this stage at least. Hence, the following order:
ORDER
Application is rejected.
ABHAY S. WAGHWASE, JUDGE S P Rane