Ajay Tulshiram Patil And ANR v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.4353 OF 2024 1.
Mr.Ajay Tulshiram Patil Age : 33 Years, Occupation : Agriculture, Residing at : Room No.8, Near Hanuman Mandir, Pogaon, Bhiwandi, District:Thane. ...Applicant No.1 by SATISH RAMCHANDRA SANGAR Date:
2024.12.21 16:51:03 +0530 SATISH RAMCHANDRA SANGAR 2.
Mr.Vijay Tulshiram Patil Age : 32 Years, Occupation : Agriculture, Residing at : Room No.8, Near Hanuman Mandir, Pogaon, Bhiwandi, District:Thane. ...Applicant No.2
Versus
The State of Maharashtra [At the instance of Bhiwandi Taluka Police Station vide C.R. No.I-218 of 2015]
...Respondent
***** Ms.Misbaah Solkar a/w Mr.Mohd.
Taha and Ms.Muskaan Memon i/b.
Mr.Umang Shah:- Advocates for Applicants.
Mr.H.J.Dedhia:- APP on behalf of RespondentState.
Ms.Seema S. Dighe h/f Mr.Priyal G. Sarda:- Advocate for Intervenor.
Mr.M.R.Indrekar : PSI:- Bhiwandi Police Station.
*****
CORAM
:
S. M. MODAK, J.
DATE :
19th DECEMBER 2024 P. C. :- 1/5
1.
Heard learned Advocate for the Applicants, learned Advocate for the First-Informant, wife of the deceased and learned APP. 2.
The incident of murder of one Krushna Kanhu Patil took place on 4th September 2015. The First-Informant is one Ranjana Krushna Patil. She is the wife of the deceased. Her FIR is on Page No.60. It is registered with Bhiwandi Taluka Police Station. One Manik Patil was also seriously injured in that incident. Learned Advocate for the FirstInformant has read the contents of the FIR. 3.
It is true, both these Applicants Ajay Patil and Vijay Patil have been named in the FIR as the assailants. It is also submitted that the involvement is further fortified by recovery. There is a strong opposition for granting them bail on similar line granted to co-accused. 4.
The first order passed on the Applications of these Applicants is pointed out to me. It is dated 23rd March 2023 in Criminal Bail Application No.178 of 2023 (Page No.337). At that time, bail was asked because the co-accused Gurunath Mhatre was granted bail. However, at that time, bail was not granted to these Applicants considering the stage of the trial at that time. Three prosecution witnesses were yet to be examined. However, liberty was granted to move again, if the trial will not be over within six (6) months. 2/5
5.
Now, the prosecution evidence is over. We can gather this fact on the basis of roznamas annexed from Page No.348 onwards. The roznama dated 18th April 2024 (Page No.364) records closing of evidence on behalf of the prosecution. Even, a Special Public Prosecutor is appointed. Firstly, the matter was kept for recording statement under Section 313 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") on 7th May 2024. Till today is more than reasonable period. 6.
It is submitted by learned Advocate for the First-Informant, that there is every likelihood that both these Applicants will be convicted on the basis of evidence so far adduced. The issue is, when the coaccused have been granted bail, how a bail can be refused to these two Applicants. The orders passed in respect of co-accused are on Page No.315, Page No.333, Page No.340, Page No.344 and Page No.370. 7.
It is submitted that even the prosecution witnesses have deposed against the Applicants who have been granted bail. In fact, as per the amendment in Section 313 of Cr.P.C., even the prosecution could have assisted the Court in recording 313 statement. Even, they could have submitted a draft of questions to be put in 313 statement. So, this Court feels that they cannot be detained. Case for bail is made out. 8.
Hence, following order is passed:- 3/5
O R D E R
(i) Bail Application is allowed.
(ii) The Applicant No.1 - Ajay Tulshiram Patil and Applicant No.2 - Vijay Tulshiram Patil arrested in connection with C.R.No.I - 218 of 2015 registered with Bhiwandi Taluka Police Station, District : Thane Rural for the offences punishable under Sections 302, 307, 326, 341, 120-B, 143, 147, 148, 149, 506 of Indian Penal Code, 1860 and under Sections 4 and 27 of the Arms Act, 1959, be released on bail on furnishing personal bond and surety bond of Rs.1,00,000/- each (Rupees One Lakh).
(iii) After release on bail, the Applicants shall not enter the village Pogaon, Taluka : Bhiwandi, District : Thane Rural, till conclusion of this Sessions Case of which, the trial is going on.
(iv) The Applicants not to threaten the prosecution witnesses or to allure them in any manner.
(v) The Applicants to furnish an alternate place of residence to the trial Court and to the Police.
(vi) The Applicants not to leave the territorial limits of the Thane District till conclusion of the trial of the Sessions Case No.221 of 2023.
(vii) The Applicants to give attendance on every Monday from 10.00 to 12.00 noon to the nearest Police Station within the local limits of which, they are going to stay during this period.
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(viii) In case of breach of any of the conditions, the bail of the Applicant is liable to be cancelled, after notice. 9.
In view of the above, Application is disposed of. 10.
The parties to act on an authenticated copy of this order. [S. M. MODAK, J.] 5/5