Deepak Rajaram Ahivale v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3876 OF 2024 Deepak Rajaram Ahivale ...Applicant
Versus
The State of Maharashtra
...Respondent
Mr. Aniket Nikam i/by Mr. Amit Icham, for the Applicant. Mr. Y.M. Nakhwa, APP, for the Respondent-State.
CORAM:
MADHAV J. JAMDAR, J.
DATED:
19th November 2024 PC:- 1.
Heard Mr. Nikam, learned Counsel for the Applicant and Mr. Nakhwa, 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:-
1. C.R. No.
2. Date of registration of F.I.R. 26/09/2022
3. Name of Police Station Sinhagad Road, District-Pune
4. Section/s invoked 302, 141, 143, 144, 147, 148 & 149 of the I.P.C., 1860;
4 & 25 of the Arms Act, 1959;
37(1) & 135 of the Maharashtra Police Act, 1951.
5. Date of incident 25/09/2022
6. Date of arrest 03/10/2022
7. Date of filing of Chargesheet 23/12/2022 3.
As per the prosecution case, there are a total of 14 Accused. The incident took place in the night of 25th September 2022 to 26th September 2022. The Accused were having a party and at that time they noticed that the deceased was in the vicinity. One of the Accused asked the deceased as to what he was doing at that place. The Victim then fled the place. The Accused chased him and brought him back and the Accused assaulted the Victim. The Victim succumbed to the resultant injuries.
4.
It is the submission of Mr. Nikam, learned Counsel for the Applicant that even as per the prosecution case, the Applicant has no major role in the incident in question. He submitted that there is no motive for the Applicant to commit the crime. He submitted that even as per the prosecution case, the deceased was a stranger and he came at the spot where all the Accused were having a party and the Accused thought that the deceased had come there for committing the theft and therefore, the incident in question had taken place. He submitted that in any case, even if the entire
prosecution case is accepted as it is, then also offence under Section 302 of the Indian Penal Code, 1860 is not made out. He submitted that there are total 14 Accused and out of which 9 have been released on bail.
5.
On the other hand, Mr. Nakhwa, learned APP submitted that in the incident, an innocent person has been mercilessly assaulted by the Accused on the pretext that the deceased was a thief. He pointed out the statements of witnesses - Mr. Balasaheb Ramchandra Kudale, Mr. Digambar Sundar Kamble, and the PostMortem Examination Report. He pointed out that there are about 18 injuries and some of them are on the vital part. He also pointed out the relevant material with respect to the CCTV footage, which shows that the Applicant mercilessly assaulted the deceased. He therefore submitted that there is material available against the present Applicant and therefore bail be not granted. 6.
Mr. Nakhwa, learned APP also submitted that there is one antecedent as far as the Applicant is concerned. He pointed out Paragraph No.15 of the Affidavit-in-Reply of Rahul Audumbar Yadav, Assistant Police Inspector, Sinhagad Road Police Station,
Pune City, Pune dated 11th October 2024. The said Paragraph No.15 reads as under:
"15. I say that the present Applicant/Accused is involved in following offences :- Sr.
No.
Police Stn.
C.R. No.
U/Scs.
1.
Bharati Vidyapeeth 155/2016 U/s 112/117 of Bombay Police Act.
7.
As far as the antecedent is concerned, Mr. Nikam, learned Counsel for the Applicant states that the same is of the year 2016 and the offence is bailable.
8.
A perusal of the record shows that the incident in question took place on 25th September 2022, F.I.R. was registered on 26th September 2022 and the Applicant has been arrested on 3rd October 2022. It is an admitted position that investigation is completed and the Charge-sheet has been filed on 23rd December 2022. Till date, there is no progress in the trial and even the charge is also not framed yet. As per the Charge-sheet, there are 34
witnesses proposed to be examined by the prosecution. Accordingly, the trial will take considerable time to conclude. 9.
Prima facie, there is substance in the contention that there was no motive to commit the crime and as deceased, a stranger, came at the spot where all Accused were having a party they thought that the deceased had came there to commit theft. 10.
Although, the Applicant is having one antecedent where the offence is under Sections 112 and 117 of the Bombay Police Act. The said offence is of the year 2016 and the same is bailable. 11.
As the Applicant is incarcerated for more than two years and as there is no progress in the trial, the Applicant is entitled to be enlarged on bail by imposing conditions.
12.
The Applicant does not appear to be at risk of flight. 13.
Accordingly, the Applicant can be enlarged on bail by imposing conditions.
14.
In view thereof, the following order:-
O R D E R
(a) The Applicant- Deepak Rajaram Ahivale be released on bail in connection with C.R. No.419 of 2022 registered with the Sinhagad Road Police Station, District- Pune on his furnishing P. R. Bond of Rs.50,000/- with one or two local solvent sureties in the like amount.
(b) On being released on bail, the Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.
(c) The Applicant shall report to the Sinhagad Road Police Station, District-Pune on every Tuesday between 11:00 a.m. and 1:00 p.m. until the conclusion of the trial.
(d) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.
(e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.
(f) The Applicant shall attend the trial regularly. The Applicant shall co-operate with the Trial Court and shall not seek unnecessary adjournments thereat. (g) The Applicant shall surrender his passport, if any, to the Investigating Officer.
15.
The Bail Application is disposed of accordingly. 16.
It is clarified that the Trial Court shall decide the case on its merits, uninfluenced by the prima facie observations made in this Order.
(MADHAV J. JAMDAR, J.) BHALCHANDRA GOPAL DUSANE BHALCHANDRA GOPAL DUSANE Date: 2024.11.19 19:44:20 +0530