Bombay High CourtBA/3886/2023disposed off

Abhishek Manoj Hawaldar v. The State Of Maharashtra

2024-08-26Hon'Ble Shri Justice Madhav J. Jamdar7 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3886 OF 2023 Abhishek Manoj Hawaldar ...Applicant

Versus

The State of Maharashtra

...Respondent

_______________________________________________________________ Ms. Misbaah Solkar a/w Mr. Gaurav Shenoy, for the Applicant. Ms. Rajeshree V. Newton, APP, for the Respondent−State. P.S.I. S. R. Gunavare, Rajarampuri Police Station, District−Kolhapur, present.

_______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 26 AUGUST 2024 P.C.:

Heard Ms. Solkar, learned Counsel for the Applicant and Ms. Newton, learned APP for the Respondent−State. 2.

This regular Bail Application is preferred under Section 439 of the Code of Criminal Procedure, 1973. The relevant details are as follows:- C.R. No.

Date of registration of F.I.R. 05/07/2023 Name of Police Station Rajarampuri, District−Kolhapur Section/s invoked 307, 323, 427, 504, 506 & 34 of the I.P.C., 1860;

5 & 27 of the Arms Act, 1959.

Date of incident 04/07/2023 Date of arrest 05/07/2023 Date of filing Charge-sheet 30/08/2023 Page No.1

By Order dated 6th November 2023 passed by the learned Additional Sessions Judge, Kolhapur below Exh.3 in Sessions Case No.216 of 2023, the Bail Application filed by the Applicant is dismissed. The prosecution case in brief is set out in Paragraph No.2 of the said Order, which reads as under:- "2] Prosecution story in bried is as under :- The crime is registered on the basis of complaint of Nilesh Rajendra Jadhav resident of 14th lane, Rajarampuri, Kolhapur recorded by police officer in CPR Hospital on 05-072023, when he was admitted there for treatment. As per his complaint, he resides on given address with his family members and doing frozen business. On 04-07-2023 at 10.00 p.m. he was near Vijay bakery at Doulatnagar, Kolhapur.

From Bhagatsing lane four persons came there on two motorcycles by hitting the sword on the rickshaw vehicles and motorcycles and they came near the informant. On one motorcycle Ramu Kalgutaki was on back seat having sword in his hand, made assault of the sword on the informant's head by saying that now they will not leave alive him. Other persons Abhijeet Hawaldar, Karan Sawant and Vinayak Jadhav started to beat informant by fist and kick blows. The informant shouted due to assault and all these four persons left place on the motorcycle towards Khare Mangal Karyalay. That time Uday Ghongade and Nitin More took the informant to CPR Hospital and he took treatment. Then he came to know from others that assailants had damaged two rickshaw vehicles and four motorcycles.

On the basis of the same, aforesaid crime came to be registered against the accused persons. During investigation, the accused persons were arrested on 05-072023. The investigating officer recovered the sword from the accused Ramu Kalgutaki on basis of his discloser statement. The clothes of the accused were seized. Panchanama of the spot was prepared. After completion of investigation, the chargesheet came to be filed against the accused persons for aforesaid offences. The case is then committed to this Court Page No.

for trial."

(Emphasis added) 4.

It is the contention of Ms. Solkar, learned Counsel for the Applicant that the only role attributed to the Applicant is that the Applicant had assaulted the Injured i.e. Informant by kicks and fist blows. She pointed out the Injury Certificate which is at Page No.82 and submitted that there is only one injury reflected in the Injury Certificate and the same is attributed to the Accused No.1 - Ram Mukund Kalgutaki. She submitted that although the Injured i.e. Informant has stated in the statement (Page No.33) on the basis of which F.I.R. has been lodged, that the Applicant assaulted him with kicks and fist blows, however, the other eye-witness namely Uday Shamrao Dhongade (Page No.70) has not attributed said role to the present Applicant. She submitted that the Applicant is incarcerated since 5th July 2023 and Charge-sheet was filed on 30th August 2023. She submitted that therefore the investigation is completed and till date there is no progress in the trial and even the Charge is also not framed. She therefore submitted that the Applicant is entitled for bail. 5.

On the other hand, Ms. Newton, learned APP strongly opposed the Bail Application. She submitted that the Applicant had participated in the actual assault on the Injured i.e. Informant. She submitted that the Applicant has 5 criminal antecedents. The details of the same are as follows:- Page No.3

Sr.

No.

Police Station Crime Reg. No. and Sections Current status Rajarampuri 428/2017, under Sections 324, 323, 504, 34 of I.P.C.