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MHNS010043772022
Order below Exh. 1 in Criminal Bail
Application No. 1019/2022.
1.
This is an application preferred by applicant Ezaj Azij Pinjari
for bail under section 439 of Cr.P.C. in C.R. No. I63/2022 registered in
Mhasrul Police Station, Nashik for the offence punishable under sections
307, 326, 324, 143, 144, 147, 148, 149, 504, 506 of the Indian Penal
Code and section 4/25 of the Arms Act.
2.
It is submitted by the accused that he has no concern with the
offence. Nothing was recovered from the accused in the police custody. On
perusing the police papers and the chargesheet no details have been
stated where the present applicant has assaulted and by what weapon.
Accused has been falsely implicated. Incident has occurred at 10.30 a.m.
whereas FIR has been registered at 8.00 p.m. there is delay of 12 hrs.
Statement of the injured has been recorded after 16 days of the incident.
General allegation against the accused. Presence of witness Rohit Pagar at
the spot is suspicious. Offence u/s. 307 is not applicable. Coaccused has
been released on bail having similar role. He is ready to abide by all the
terms and condition. Hence, prayed that application is allowed.
3.
Say was called of the investigating officer. He has objected
this application on the count that, offence is serious in nature. Already
wooden sticks has been recovered from accused Ritesh Chavan. If accused
is released on bail he will threaten the witnesses, panch.
Offence is
committed in broad day light and if he is released on bail he will commit
similar type of offence. Coaccused Aditya Gangurde is absconding since
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the commission of the offence. Two offences each are pending against co
accused Suraj and Ritesh Chavan.
Hence, prayed that application be
rejected.
4.
Heard Ld. APP and Ld. Advocate for accused. It is contention
of the Advocate for the accused that accused were arrested on
30/04/2022 and since then he is in jail.
Investigation is practically
completed. Nothing has to be recovered and discovered from the accused.
Chargesheet has been filed. Coaccused Gaurav Thorath has been already
released on bail against whom similar allegations have been made. Hence,
prayed that on the ground of parity present application be allowed. On the
other hand Ld.APP has objected this application on the count that if
accused is released on bail he will threaten the witnesses.
5.
On perusing the FIR and the statement of eye witness Rohit
Pagar it is seen that Suraj Charoskar, Chetan Chatur, Sonu Korale, Harsh
Kakad, Gaurav Thorath, Aditya Gangurde, Ezaj and others came on three
motorcycle with sickle, sword and wooden sticks and started assaulted
Aditya. Suraj Charoskar assaulted him by sickle, Chetan Chatur by sword
and other accused by wooden sticks. Even after Aditya fell down he was
assaulted by kick blows. The medical certificate reflects that the injuries at
Sr. No. 1 and 2 were caused by sharp object with abrasion on both lower
limbs left lower leg CSW, mouth injury right maxilla fracture. Police
papers reflects that injured has been discharge from the hospital, hence,
possibility of leveling offence of higher count is ruled out. The version of
the complainant and witness Rohit Pagar has been corroborated by the
injured Aditya Pingle.
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6.
It is seen that coaccused Gaurav Thorath has been released
on bail against whom similar type of allegations has been made that he
has assaulted the injured with wooden sticks.
In such circumstances,
when similar allegations has been made against the present applicant on
the count of parity he is also entitled to be released on bail. Furthermore,
chargesheet has been filed. Nothing remains to be investigated. Trial
will take time. Accused is in jail since May, 2022. Presence of the accused
can be secured as he is resident of Nashik. Hence, I proceed to pass
following order :
ORDER
1.
The application is allowed.
2.
The applicant/accused Ezaj Azij Pinjari involved in C.R.No. I
63/2022 registered in Mhasrul Police Station, Nashik for the offence
punishable under section 307, 326, 324, 143, 144, 147, 148, 149,
504, 506 of the Indian Penal Code and section 4/25 of the Arms
Act, be released on bail on his executing P.R. and S.B. of
Rs.50,000/ (Rupees Fifty Thousand Only) with one or two
sureties of like amount.
3.
He shall not leave India without prior permission of the Court.
4.
He shall not hamper or tamper with the prosecution evidence or
witnesses.
5.
He shall furnish address proof of address of his residence and
contact numbers.
6.
Bail before Ld. J.M.F.C.
7.
In case of breach of the conditions, the respondent is at
liberty to apply for cancellation of bail.
Nashik.
Date : 02/09/2022.
Sd/xxx
(V.S.MalkalpatteReddy)
Additional Sessions Judge,
Nashik.