Cri Bail Appln. No.1363 of 2022 (Or. Exh.1)
1
IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK,
AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)
Criminal Bail Application No.1363 of 2022
CNR NO.MHNS010057102022
1.

Anil Shivaji Gade
Age : 34 years, Occu.: Agriculture
2.

Dnyaneshwar Shivaji Gade
Age : 32 years, Occu.: Agriculture
Both R/o : Naigaon Road, Gade Mala,
Sinnar, Tal. & Dist. Nashik.

3.

Saurabh Shivaji Nathe
Age : 36 years, Occu.: Agriculture
R/o : At­post : Kundewadi, Tal. Sinnar,
Dist. Nashik.

4.

Ganesh Keshav Tatane
Age : 39 years, Occu.: Service
R/o : Naigaon Road, Tatane Mala,
Tal. Sinnar, Dist. Nashik.

5.

Akshay Bhagwan Ugale
Age : 25 years, Occu.: Agriculture
R/o : Naigaon Road, Ugale Mala,
Tal. Sinnar, Dist. Nashik.

6.

Akash Sunil Ugale
Age : 22 years, Occu.: Agriculture
R/o : Maparwadi Road, Ugale Mala,
Tal. Sinnar, Dist. Nashik.

7.

Vikram @ Pappu Shivaji Lokhande
Age : 38 years, Occu.: Agriculture
Cri Bail Appln. No.1363 of 2022 (Or. Exh.1)
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R/o : Naigaon Road, Ugale Mala,
Tal. Sinnar, Dist. Nashik.

… Applicants/Accused.

V/S
State of Maharashtra
Through – Sinnar Police Station
(C. R. No. I­432/2022 )
… Respondent/State.

Appearance :
Ld. Adv. Shri. Rahul J. Kasliwal for Applicants/Accused.
Ld. A.P.P. Smt. B. N. Petkar for Respondent/State.
Ld. Adv. Shri. Sameer Inamdar for the Intervenor/Complainant.
Shri. V. S. Mali, A.P.I. (I.O.) Sinnar Police Station.
ORDER BELOW EXH. NO.1
(Delivered on 22nd November, 2022)
1.

This is an application under Section 439 of Criminal
Procedure Code for grant of bail in C. R. No.I­432/2022 registered
Respondent/Sinnar Police Stations under Sections 302, 307, 324, 323, 504,
143, 144, 147 and 149 of the Indian Penal Code and under Sections 37(1),
(3)/135 of the Mumbai Police Act.
2.

Read the application and the say filed by respondent vide
Exh.4. So also perused the written submission filed at Exh.8 by Ld.
Advocate for the Complainant/Intervenor. So also gone through the police­
papers produced for inspection by the I.O. Heard Ld. Advocate for the
applicants, Ld. A.P.P. for the respondent, Ld. Advocate for the
Intervenor/Complainant and the I.O., who is present before the Court.
3.

It is alleged that, on 08.10.2022 at 16.00 hours at Naigaon
road, in front of Hotel Gondeshwar Raswanti and Nasta Center, Sinnar, the
incident occurred. The applicants and other accused persons formed
Cri Bail Appln. No.1363 of 2022 (Or. Exh.1)
3
unlawful assembly and on the count of old enmity with common intention
abused the complainant and Shankar Malu Mali (for short, “Deceased”)
and assaulted them by sharp weapons and sticks on their head, stomach and
other parts of the body and seriously injured them. The incident came to be
reported to the Police.
4.

It is the case of the applicants that, they are falsely implicated
in this case and there is nothing on record to involve these applicants in the
said crime. Nothing is to be recovered or discovered at the instance from
the applicants. They are in custody since their arrest. Muddemal is seized.
Investigation is at the verge of completion. Ready to abide by the terms
and conditions likely to be imposed by this Court. Therefore, prayed to
allow the application.
5.

Respondent objected on the ground that, investigation is in
progress, offence alleged is serious in nature, there is an involvement of
applicants in the Crime and there is a prima­facie case against the
applicants. If, the applicants are enlarged on bail, they may threaten the
complainant, injured and other witnesses and they may also tamper with the
prosecution evidence. Therefore, prayed to reject the application.
6.

Upon hearing and going through the material placed on
record, what can be gathered is that, on 05.10.2022, one Vishal Shinde was
proceeding on his motorcycle and there was some dispute between him and
Pawan Tatane and Abhishek Vighe. Vishal Shinde was assaulted by them
on his head. The elderly members of both the groups resolved the matter.
Thereafter, the said incident occurred on 08.10.2022 between the two
groups on the count of the incident occurred on 05.10.2022. Police had
booked both the members of the groups. Initially, Section 307 and other
Cri Bail Appln. No.1363 of 2022 (Or. Exh.1)
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sections of I.P.C. were applied against the applicants and other accused
persons. However, during the treatment the said Shankar Malu Mali died
and therefore Section 302 of I.P.C. came to be added.
7.

In the aforesaid background, if we consider the case, one will
find that, the incident occurred because of the dispute, which occurred on
05th October, 2022. Offences alleged are serious in nature. Perusal of the
F.I.R. reflects that, these applicants were present on the spot. Ld. Advocate
for the applicants also did not dispute about the fact that the applicants were
not present on the spot. He stressed his argument on the role of these
applicants in the crime. He submitted that, the role attributed to these
applicants is of beating the complainant and the deceased by fists and leg
blows. He read out para­122 of the landmark Judgment i.e. Mehatre’s case.
This Court has given a thoughtful consideration to the arguments of Ld.
Advocate for the applicants as regards the role of the applicants. However,
the fact is that, the investigation is in progress. Though, the basic
investigation as regards the applicants is over, but still the other accused
persons, who are yet to be arrested in that regard the investigation is
incomplete. Considering the facts and circumstances of this case and the
gravity of the offence, this Court finds that, it will not be wise to invoke
discretion of this Court in favour of the applicants. In the result, the
application fails. Hence, the order.
ORDER
1.

Criminal Bail Application No.1363 of 2022 stands rejected.

2.

Inform the order to the concerned Ld. J.M.F.C. and the I.O.

Place : Nashik.
Date : 22/11/2022
MUSHTAQUE
HUSSAIN
SHAIKH
Digitally signed by
MUSHTAQUE HUSSAIN
SHAIKH
Date: 2022.11.22
13:33:05 +0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.