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MHNS010036512022
Order below Exh. 1 in Criminal Bail
Application No. 904/2022.
1.

This is an application moved by the applicant/accused Gaurav
Nandu Pagare under section 439 of the Code of Criminal Procedure in
C.R.No.105/2022 registered against accused at Ghoti Police Station for
the offence punishable under sections 307, 301 r/w section 34 of the
Indian Penal Code.
2.

It is submitted by the accused that he is resident of Nashik. He
is young aged student reside with his old aged parents and unmarried
sister and brothers. Complainant filed false complaint against accused on
previous enmity. Accused is in jail since 24/03/2022. Applicant is innocent
and he is falsely implicated in the crime. Accused is behind bar since last
four months. Investigation is completed and charge­sheet is also filed and
matter is also committed to the Court of Sessions bearing Sessions Case
No. 311/2022. There are no direct and indirect evidence against the
present accused. Injured was already discharge from the Hospital and
injuries was not in grievous nature. Accused having fixed landed property
at Nashik. He is ready to abide by all the terms and conditions. Hence,
prayed to allow the application.
3.

Say was called of the investigating officer. He has objected
this application on the count that, on considering the contents of the FIR it
clearly reflects that accused persons had intended to kill the complainant.
Eye witness Keshav Shinde has categorically stated that accused has
assaulted the complainant vigorously by sickle. When the witnesses and
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other persons came there to save him the accused persons ran away.
There was old dispute between complainant and accused. Accused was
absconding. Accused has given recovery of the sickle. If he released on
bail he will not remain present. Hence, prayed that application be
rejected.
4.

Heard Ld. APP and Ld. Advocate for accused. It is submitted
by the Advocate for the accused that investigation is completed. Charge­
sheet has been committed.

Accused is of tender age.

Incident has
occurred in school and in scuffle complainant has sustained injury on
shoulder, neck and hand. Complainant is discharge from the hospital. No
purpose will be served by detaining the accused behind bar which will
amount to pre­trial conviction. Hence, prayed that bail be granted. In
support of his case he has relied upon Massoom Tadavi Vs. State of
Maharashtra. Reported in 2004 (2) BCR 556. Wherein Hon’ble Court
held that, when investigation is complete, charge­sheet is filed further
detention of applicant not necessary.

It is desirable to release the
applicant on bail.
5.

On the other hand Ld. APP has argued that, on considering
the medical certificate it reflects that injury has been caused to vital
organs. If the witnesses were not available at the spot complainant could
not have been alive. Hence, prayed that bail be rejected.
6.

On considering the charge­sheet it is seen from the medical
report that multiple injuries have been caused to the complainant. It is
also seen that accused has vigorously assaulted the complainant by sickle.
It is seen that the witnesses on the spot has save the complainant from
further assault.

In such circumstances all these factors reflect the
intention on the part of the accused to cause death of the complainant.

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Considering the nature of offence accused is charged with serious offence.
Prima facie involvement of accused is seen. Hence, I am not inclined to
released the accused on bail and proceed to pass following order :­
ORDER
Application is hereby rejected.
Sd/­xxx
Nashik.
Date : 26/07/2022.

(V.S.Malkalpatte­Reddy)
Additional Sessions Judge,
Nashik.