Gajanan @ Shivneri S/O Havas Pawar v. State Of Mah. Thr. Pso Amadapur Tq.Chikhli Dist.Buldhana
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO. 172 OF 2022 Gajanan @ Shivneri Havas Pawar..Versus...State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. P.B.Patil, Advocate for the applicant Mr. A.R.Chutke, APP for respondent/State CORAM : AVINASH G. GHAROTE, J.
DATE : 22/03/2022 1] Heard Mr. Patil, learned counsel for the applicant and Mr. Chutke, learned APP for respondent/State. 2] The applicant is arraigned for the offence under Sections 302, 201 r/w 34 of the IPC and Sections 3/25 and 4/25 of the Arms Act in Crime No. 303/2021. The incident is dated 3.6.2021 at 15.30 hrs, the applicant has been arrested on 6.10.2021, the Charge-Sheet has been filed on 4.1.2022. 3] Mr. Patil, learned counsel for the applicant submits that the only allegation against the present applicant is the statement of the co-accused Bharat Jaibhaye which is to the effect that he has purchased one stolen mobile and a pistol with cartridges which was used to threaten the deceased Rangnath, who was kidnapped by Bharat Jaibhaye and was threatened with the pistol to keep quite, who was later on done to death. He submits that the allegation is false,
apart from the fact that the statement of the co-accused cannot be taken into consideration against the present applicant, apart from which there is no recovery of the pistol. He further submits that the main accused Bharat Jaibhaye as well as accused No. 2 Sachin Kaluse have already been released on bail by this Court in Criminal Application (BA) No. 1138/2021 by order dated 30.11.2021, and the role of the present applicant is insignificant compared to them, in view of which the applicant is entitled to bail. 4] Learned APP does not dispute that there is no recovery of the pistol nor is there any seizure from the applicant. He also does not dispute the role attributed to the applicant, though the same is denied by the applicant. 5] It is not in dispute that the charge-sheet has been filed on 4.1.
2022 and the main accused, who in fact have been accused of having being responsible for the death of Rangnath have been released on bail by the order dated 30.11.2021. The only role attributed to the applicant is the procurement from the applicant of the moible, pistol and cartridges by the main accused Bharat Jaibhaye. It is also not disputed that there is no seizure from the applicant, nor the pistol in question has been recovered.
attributed to him and the fact that the chargte-sheet has already been filed on 4.1.2022, a prima facie case for bail is made out. Hence the following order.
ORDER
I] Applicant - Gajanan @ Shivneri Havas Pawar be released on bail in Crime No. 303/2021 registered by the Police Station Amdapur, Tq. Chikhli, District Buldhana, for the offence Sections 302, 201 r/w 34 of the IPC and Sections 3/25 and 4/25 of the Arms Act on executing PR bond in the sum of Rs. 50,000/- with two solvent sureties in the like amount.
II] The applicant shall not tamper with the prosecution evidence or try to undue influence the prosecution witnesses, directly or indirectly. III] The applicant shall attend each and every date of the Sessions trial and shall ensure that the trial is not protracted on his count.
IV] Any violation of any of the conditions shall result in cancellation of bail.
JUDGE Digitally sign byRAJESH VASANTRAO JALIT Location:
Rvjalit