CRI.BAIL APPLN.No.1036/2022
(order below Exh.1)
IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT
NASHIK
CRI. BAIL APPLICATION NO.1036/2022
1
Bhagwant Bhaskar Jadhav
2
Madhukar Laxman Waghere
3
Bhaskar Rama Bhoye
4
Hiraman Nathu Dhabal
5
Dharama Narayan Udar
6
Bhaskar Rajaram Fasale
..Applicant/Accused
V/s.
The State of Maharashtra
Through– P.I. Harsul Police Station
..Prosecution/Respondent
Advocate Shri.J.S.Vaishapayan for the applicants/accused.
APP Smt.Patil for the State.
ORDER BELOW EXH.1
This is an application filed under Section-439 of the Criminal
Procedure Code by the applicants/accused no.3, 7, 10, 13, 14 and 17 in
C.R.No.48/2015 registered with Harsul Police Station for the offence
punishable under Section-143, 147, 148, 149, 395, 307, 353, 332, 333,
435, 436, 120(b) of the IPC, section 3/7 of the Public Defacement Act,
Section 7 of Criminal Amendment Act and Section 137 of the
Bombay Police Act.
2.

The case of the prosecution is that the accused implicated in
above mentioned case for forming unlawful assembly, hatching criminal
conspiracy by breaking ordinance issued by the police department and
thereby caused grievance hurt and also committed robbery in the various
shops and houses and damaged two wheeler and four wheeler and also
caused burns the vehicles. On the date of incident the mob caused
Page 1 of 3
CRI.BAIL APPLN.No.1036/2022
(order below Exh.1)
grievous hurt to public servant and also forcibly snatched of revolver of
Asstt. Superintendent of Police Mr. Munde. Police fire rounds and accused
no.28 succumbed to injury. The FIR registered under aforesaid sections.
The Ld. Magistrate Court issued NBW on 16.7.2022 against aforesaid
applicants. The applicants appears on 17.8.2022 and made application for
cancellation of bail which is rejected and they were taken into magistrate
custody and sent to jail. Whereas, the Ld. Magistrate has allowed
cancellation of NBW application of other accused in the same case on
22.8.2022. Therefore, prayed to grant bail and ready to abide any
condition.
3.

Perused application and say. Perused copies of roznama dated
18.7.2022, 17.8.2022 and 22.8.2022 of 3rd Jt. CJJD & JMFC, Nashik.
I have gone through the roznama of the case of the 3 rd Jt.

4.

CJJD & JMFC, Nashik which apparantly reveals that all the accused taken
into custody thorough execution of NBW. Say filed by the prosecution
nowhere reveals allegations of breach of any condition except their
absenteeism before the Ld. Magistrate. It is true that the nature of offence
is of serious one but the accused were already released on bail. The
apprehension of prosecution that they will jump over the trial can be very
well settled by stringent condition. Case is old one pending since long and
now committed to the Sessions Court and pending at Institution
Department of District Court, Nashik as informed by Ld.APP and Ld.
Advocate for defence. No purpose will suffice by keeping these accused
behind bar. Hence, order ORDER
1.
2.

Bail Application below Exh.1 is allowed.
Applicants/accused Bhagwant Bhaskar Jadhav,
Madhukar Laxman Waghere, Bhaskar Rama Bhoye,
Hiraman Nathu Dhabal, Dharama Narayan Udar,
Page 2 of 3
CRI.BAIL APPLN.No.1036/2022
(order below Exh.1)
Bhaskar Rajaram Fasale be released on bail in C.R.
No.48/2015 registered with Harsul Police Station for
an offence punishable under Sections- 143, 147, 148,
149, 395, 307, 353, 332, 333, 435, 436, 120(b) of the
IPC, section 3/7 of the Public Defacement Act,
Section 7 of Criminal Amendment Act and Section
137 of the Bombay Police Act on furnishing P. R.
Bond of Rs.15,000/- each (Rs.Fifteen Thousand Only)
with one or two surety in like amount on following
conditions.

(a) They are attend to the Court punctually, in failure
bail will be cancelled.
3.

Criminal Bail
accordingly.

Application
stands
UMESHCHANDRA
JAIKUMAR MORE
Nashik.
Date : 24.08.2022
disposed
of
Digitally signed by
UMESHCHANDRA
JAIKUMAR MORE
Date: 2022.08.25
11:10:52 +0530
(Dr. U.J. More)
Additional Sessions Judge
Nashik.

Page 3 of 3