CNR MHNS010046042020 CR. No. I­451/2020, registered with Upnagar Police Stations 302, 201 and 120 (B) read with section 34 of the IPC along with section 3/25 of the Arms Act.

Order below Exh.1 in Cri. Bail Application No.1688/2020.

{ Arjun Suresh Piwal Vs. State }

The bail application is filed under section 439 of the Code of Criminal Procedure Code ( for short ‘the Cr.P.C. ) by the applicant­accused Arjun Suresh Piwal, arrested on 25.09.2020 in connection with C.R. No. I­451/2020, dated 22.09.2020, filed with Upnagar Police Station, Nashik, for the offences punishable under sections 302, 201 and 120 (B) read with section 34 of the IPC along with section 3/25 of the Arms Act. He is in magisterial custody remand since 03.10.2020.

2. The application has been preferred on the grounds that the accused is falsely implicated in this crime. The applicant­accused has not committed or participated in any offence. There is delay of four to five hours in lodging FIR and it is unexplained. There is no recovery at his instance. No specific role is attributed to him.There were no previous disputes of the applicant­accused with the deceased. He is ready to abide by any condition imposed by this court. Hence, bail may be granted to the applicant­accused.

3.The learned APP Mr. Kadve has filed say at Exh. 04. He has opposed the bail application on the grounds that the offence is very serious. The accused is habitual offender, serious offences are registered against him. The witnesses have named the applicantaccused as the culprit in this crime. The distance from the Hotel Express­ In to the spot of the incident is of 10 minutes. Therefore, it is much possible and is also seen through technical evidence that he was not present at the hotel during the time of the incident. The previous disputes between them are revealed in the statements of witnesses. As the deceased has been shot dead in a public place, the witnesses in the locality and relatives of the deceased are terrorized.

They are not coming ahead to give their statements. If released on bail, the applicant­accused would pressurize and allure them. It would hamper the investigation. List of 12 offences registered against the applicant­accused is filed on record. Hence, bail may not be granted to the applicant­accused.

4.Heard both the sides. Perused the police papers.

Learned Advocate Mr. R.D. Avhad for the applicant­accused has submitted that no role of the applicant­accused is mentioned in the FIR. He had no disputes with the deceased. He was not present at the spot of the incident. He was working as Security guard at Hotel Express In during that time. CCTV footage and register of the hotel is available in that regard. He is released from earlier cases. His mother is age old and ill. No recovery is done at his instance.

Investigation is completed. Hence, bail may be granted to the applicant­accused.

5.Per contra, learned APP Mr. Kadve has submitted that the offence is very serious. The active role and participation of the applicant­accused is seen through his acts and statements of witnesses. It is a preplanned murder. The applicant­accused was previously acquainted with the other accused. They have conspired to commit this crime. Due to the nature of the crime, witnesses are afraid. The investigation is yet incomplete. Hence, bail may not be granted to the applicant­accused.

6.Amidst the above rival contentions it is to be decided as to whether the applicant­accused has made out a genuine case for his enlargement on bail. Before adverting to the circumstances of investigation and case, it would be appropriate to mention in short the facts leading to impleadment of the applicant­accused.

7.As per the FIR, on 19.09.2020 informant Irfan Shaikh received a phone call from his nephew Nawaz @ Baba Shaikh at about 9.53 pm. He told the informant that he has been shot by one Tipya and Murgiraja. Accordingly, the informant along with his relative Washim Shaikh visited the spot at DGP Nagar. They shifted the injured Baba Shaikh to Wockhard hospital. While taking to the hospital, injured Baba Shaikh was conscious. He had received a bullet on his back. He told the informant and other persons in the car that he was called at Regimental Plaza by one Tipya.

Accordingly, from Regimental Plaza along with Tipya on a motorcycle, he went to DGP Nagar. Murgiraja and his companion Arjun Piwal were present there. Murgiraja had fired a bullet at him from his pistol. He has done so on the count of dispute taken place between them in the last week. During treatment, injured Baba Shaikh succumbed to the injuries. FIR came to be registered accordingly.

8.As per the post­mortem notes, the cause of death of deceased Nawaj Babbu Shaikh is hemorrhagic shock due to fire arm injury to chest and abdomen which is sufficient to cause death in ordinary course of nature.

9.The nature of offence is very serious. The punishment given for the offence under section 302 of the IPC is death or imprisonment for life.

10.As per the investigation papers the role of applicant accused is seen, prima facie. In the statements of witnesses it is mentioned that the deceased has taken the name of the applicantaccused as the person alongwith other accused who have fired bullets. The name of applicant­accused is also mentioned in the FIR as the person who was standing alongwith the other accused.

Therefore, at this stage the plea of alibi cannot be considered.

Moreover, in bail proceedings it is not warranted to conclusively determine the guilt or innocence of the accused. The appreciation of CCTV footage and veracity of hotel registers would be tested at the time of trial.

11.Investigation is yet in progress. The statements of the witnesses are to be recorded. Considering the seriousness of offence detail probe is necessary in order to dig out the entire conspiracy, if any, behind this crime. For doing so, custody of the applicantaccused is necessary. So also, if he is released on bail at this stage, it would badly hamper the investigation in progress. The proximity of the applicant­accused with the scene of offence is not disputed.

Therefore, the possibility of pressurizing the witnesses can not be ruled out altogether. His criminal antecedents are placed on record.

List of 12 serious offences involving murder, attempt to murder, kidnapping, extortion, making preparation to commit dacoity, criminal conspiracy is placed on record. Ld. Adv. Mr. Avhad has placed copies of 8 judgments on record to show that 8 cases are disposed off. However, the facts remains that several offences have been registered against him.

12.Therefore, considering the prima­facie role and participation of the applicant­accused in this crime, serious nature of crime, possibility of pressuring the witnesses and incomplete investigation, at this stage, it is not fit to release the applicantaccused on bail. Resultantly, I proceed to pass following order.

O R D E R

The application filed by applicant­accused Arjun Suresh Piwal, is hereby rejected.

(Dictated and Pronounced in open court.)

Samarendra Digitally signed by Samarendra Prakashrao Prakashrao Naik Naik Nimbalkar Nimbalkar
Date: 2020.12.10 14:56:36 +0530 (S. P. Naik­ Nimbalkar ) 10/12/2020. Additional Sessions Judge,
Nashik.