Sandip @ Chotu Linkumar Bawane (In Jail) v. State Of Maharashtra Thr. P.S.O. Ramnagar Dist. Chandrapur

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.1105 OF 2016 (Sandip @ Chotu Linkumar Bawane vs. State of Maharashtra) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri R.S. Charape, Advocate for applicant.

Shri N.B. Jawade, Additional Public Prosecutor for respondent.

------- CORAM : P.N. DESHMUKH, J.

DATED : MARCH 14, 2017 This application is filed for bail by accused in Crime No.1152/2016 registered for the offence punishable under Section 307 read with Section 34 of Indian Penal Code.

Shri Charape, learned Counsel for applicant, has submitted that co-accused Harshwardhan and Shailesh are already protected by common order dated 14/12/2016 passed in Criminal Application (ABA) No.701/2016 and 726/2016. It is contended that there is nothing to establish involvement of applicant in the present crime in any manner except for his being in company of co-accused Harshwardhan. It is submitted that application be allowed as investigation is completed and co-accused having similar involvement are already protected from their arrest.

Shri Jawade, learned Additional Public Prosecutor for respondent, has opposed the application as per reply. It is submitted that Crime No.6345/2015 is

2/3 already registered against applicant establishing his involvement in sale of illicit liquor in a District where there is prohibition.

Perusal of case diary made available by learned Additional Public Prosecutor reveals that report is lodged on 12/10/2016 to the effect that on that day in the evening co-accused Shailesh contacted complainant and demanded Rs.9000/- back, which was paid to complainant to procure liquor. However, since liquor could not be procured, said amount was claimed back. It further appears that on that count, there was quarrel near Adiwasi Hostel where co-accused Harshwardhan gave kick blows to complainant and assaulted him on head by stone and co-accused Shailesh joined Harshwardhan and they assaulted complainant on his back, due to which he fell down. Other co-accused, who were present, assaulted complainant by kick blows.

Statements of eye witnesses, which are found recorded after two days of incident, establish role of co-accused persons when they were found armed with knife. This Court while considering anticipatory bail application of co-accused persons numbered as aforesaid had specifically noted that statements of eye witnesses do not corroborate the contents of report. It is further noted from the statements of these witnesses that at the most involvement of applicant would be about his being present along with co-accused at the time of incident.

Considering facts as aforesaid, application is liable to be allowed on merits as well as on parity with

3/3 co-accused Harshwardhan and Shailesh.

In the circumstances, application is allowed as per order below :

Applicant shall be released on bail on his executing a P.R. bond in the sum of Rs.25,000/- with one surety in like amount. While on bail, applicant shall mark his presence with Police Station, Ramnagar, Chandrapur on the first day of every three months pending trial.

JUDGE khj