CNR
MHNS010032232022
Order below Exh.1
in Cri. Bail Application No.803/2022.
( Hari Kondaji Shelke Vs State)
This application is moved by the applicants­accused Hari
Kondaji Shelke and Suman Shrihari Shelke under section 439 of the
Criminal Procedure Code for grant of bail in connection with CR No.
112/2022 registered with Taluka Police Station, Tal. Dist. Nashik for
the offence under section 302, 323, 341, 352 r/w sec. 34 of the Indian
Penal Code on 16.6.2022 in respect of alleged incident of murder of
Balwant Kondaji Shelke.
2.

It is stated in the application that the incident took place
on 16.6.2022 and on 17.6.2022 applicants­accused were arrested and
applicant­accused No.1 remanded to police custody till 18.6.2022 and
applicant­accused No.2 and thereafter to magistrate custody and since
then they are in jail. It is stated that, on 16.6.2022 in Gat No.60
accused wrongfully restrained the informant and stated that case filed
in the year 2015 be withdrawn and on that count applicants­accused
assaulted the Kondaji Shelke by means of hoe ¼fVdko½ on his head from
back side and committed murder. It is also stated that there is
agricultural dispute between the parties, applicants­accused are senior
citizens and ready to abide all conditions laid down by this Court, these
and others ground set out in the application, prayed for bail.
3.

The prosecution objected the bail application.

I.O. has
filed his report and submitted the relevant papers of the investigation
done till this date.
4.

Heard, both the parties. Perused record.

..2..

5.

The learned counsel Shri. Deshmukh submitted that the
applicants­accused are senior citizens particularly the applicant No.1
and they have not played any major role in the commission of alleged
crime though their names are mentioned in the FIR. He also submitted
that there is long standing agricultural dispute between both the
parties. The applicants­accused are local residents and they have roots
in the society and will not jump the bail and ready to abide the
conditions laid down by this Court. Hence, prayed for bail.
6.

The learned APP submitted that, the applicants­accused
have played active role in commission of the crime. The incident had
occurred on 16.6.2022 and the deceased Kondaji Shelke was brutally
assaulted by the applicants­accused and he died on the same day while
taking medical treatment. He further submitted that investigation is in
progress. The weapon hoe used in the commission of the crime is
seized by the police. The applicants­accused are closed relatives of the
deceased and therefore, they may influence the prosecution witnesses.
The relation between both the parties are strained and therefore,
multiple crimes may take place, if the applicants­accused are released
on bail. Particularly both the parties are resident of same locality.
Hence, prayed to reject the application.
7.

I .O. is present. He pointed out that earlier an offence is
registered against applicants­accused under section 323,324,504,506
r/w sec 34 of IPC on the basis of the FIR lodged by deceased Kondaji
Shelke and the same is pending for trial. The learned counsel Shri.
Deshmukh fairly accepted the same position and submitted that charge
is framed and the matter is posted for the evidence of prosecution.
8.

Thus, on the background of all these factual circumstances,
Cri. Bail Application No.803/2022.
..3..

it appears that parties are quarreling with each other regarding the
property dispute. They are closed relatives of each other and instead of
taking recourse of Civil Court to address their land dispute, they are
fighting since 2015 and which has taken heavy toll in terms of murder
of Kondaji Balwant Shelke. The investigation is in progress. The
Investigating officer has to be given sufficient opportunity to conduct
the investigation in depth and considering the long standing enmity
between the parties, it would not be proper to release the applicants­
accused at this delicate stage of investigation. Hence, the present
application is devoid of merit. Accordingly, following order is passed.
ORDER
1.

Bail Application bearing No. 803 is hereby rejected.

2.

Inform to the concern police station accordingly.

SHINDE
MADHAV
A
Date­07.07.2022
Digitally signed
by SHINDE
MADHAV A
Date: 2022.07.07
17:43:13 +0530
( M. A. Shinde )
Additional Sessions Judge­9,
Nashik.