CNR No. MHNS010024262022
Order below Exh.1 in Cri. Bail Application No.640/2022.
( Pankaj Janardhan Mali Vs. State )
This is a second bail application under section 439 of
the Code of Criminal Procedure moved by the applicant­accused in
connection with CR No. I­390/2021 registered with Vadivarhe
Police Station for the offence punishable U/s. 307,341,427,504,506
r.w.s. 34 of the Indian Penal Code (hereinafter referred to as “IPC”
for short).
2.

It is stated that the first informant Vishnu Walu Joshi
R/o. Talogh, Tal. Igatpuri, Dist. Nashik lodged FIR on 13.11.2021
alleging that his son Ankush was deadly assaulted by the accused
and therefore, the crime came to be registered against the present
applicant­accused and other three accused as stated above.
3.

It is further stated in the application that the earlier
Anticipatory Bail Application No.1585/2021 filed before this court
was rejected and thereafter applicant­accused has surrendered
before police on 6.3.2022 and was remanded police custody till
10.3.2022 and since then he was in Magisterial custody.
Thereafter, he moved an bail application bearing No.355/2022,
which was rejected by this court.
4.

It is further stated that, the alleged incident took place
in night hours on 13.11.2021 and on the information of injured,
first informant lodged FIR. The other accused are released on
interim anticipatory bail by the Hon’ble Bombay High Court vide
Anticipatory Bail Application No.3049/2021 and 2962/2021. Now,
the charge­sheet is filed in the court. The present applicant­accused
had also moved bail application before Hon’ble Bombay High Court
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bearing Bail Application No.1222/2022, which was withdraw with
liberty to file bail application before this Court.
5.

It is also stated that the injured was discharged from
the Civil Hospital since then he is doing his vegetable business in a
routine way. The investigation is completed and there is no need to
detention of the applicant­accused in jail, these and other grounds
set out in the application, prayed to allow the application.
6.

The bail application is opposed by the state by filing
report on record. Heard both parties.
7.

Heard,
learned
counsel
Shri.

Sachin
Bhate
for
applicant­accused. He submitted that, the injured is already
discharged from the hospital, investigation is completed and
charge­sheet is filed in the court and it will take time to commit the
same before this court. He also submitted that, the applicant­
accused was surrendered before the police and during the police
custody alleged weapon i.e. Gupti was seized from the accused.
The rest of the accused are released on interim anticipatory bail by
the Hon’ble Bombay High Court. Therefore, he submitted that the
applicant­accused may be enlarged on bail with condition that may
deem fit by this court.
8.

On the other hand, the learned APP Smt. A.P. Patil
opposed the application and submitted that the anticipatory bail
moved by this accused was rejected by this court as well as by the
Hon’ble High court considering the fact that weapons used, injuries
sustained by the victim and the role of the present accused in
commission of present crime. She further submitted that, the
incident had occurred on 13.11.2021, the FIR was lodged on the
Cri. Bail Application No.640/2022.
..3..

same day. However, the present applicant­accused came to be
arrested on 6.3.2022 i.e. after near about 4 months of the incident.
There is sufficient material came on record to connect the present
applicant­accused with the present crime, who had played leading
role. The vehicle used in the crime was also belonging of his father,
which was given on bond by the order of learned JMFC, Igatpuri
dated 27.1.2022, hence prayed to reject the application.
9.

I have gone through the entire record. It is matter of
record that the crime is registered with CR No.390/2021 at
Wadivarhe Police Station on 13.11.2021 in respect of the alleged
incident in between 12.11.2021 to 13.11.2021. The applicant­
accused is facing charges under section 307,341,427,504,506 r.w.s.
34 of the IPC. The medical report filed on record shows that there
are stabbing injuries on chest, which are grievous in nature.
10.

On perusal of the police papers of investigation done so
far. The Investigating Officer has seized the weapon used in
commission of crime from the present applicant­accused. The
vehicle used in commission of crime is also seized. The name of the
present applicant­accused is mentioned in the FIR. The statement
of victim also mentioned the name of the present applicant­
accused. However, on perusal of the entire charge­sheet,
particularly the statements of eye witnesses, who were traveling in
the said tempo do not identify the applicant­accused as well as his
other companions and they are stating the name of all accused
persons at the instance of injured Ankush Joshi. The reason
assigned by all these witnesses for not identifying the accused
persons as it was 00.30 hours and head lights of the tempo were
..4..

off and therefore, they could not identify those assailants.
However, they stated that, one of the accused was holding sharp
weapon like Gupti and other three accused were holding wooden
sticks. All the statements of these eye witnesses are stereo types. It
is stated at bar by learned counsel Shri. Bhate that C.A. report is
awaiting and main anticipatory bail application of remaining three
accused is pending for hearing before the Hon’ble Bombay High
Court and at present as per charge­sheet those three accused are on
interim anticipatory bail and they were arrested nominally on
9.5.2022 and released as per the interim anticipatory bail order.
11.

Thus, considering all this situation particularly the fact
that the charge­sheet is already filed. It will take time to commit
the same and particularly the statements of eye witnesses who
could not identify the applicant­accused and therefore, there is
only one statement of injured which is implicating the present
applicant­accused in the crime and on the basis of information
supplied by him to his father Vishu Balu Joshi lodged FIR in the
present crime. There is nothing placed on record by the
prosecution to show that applicant­accused was earlier implicated
in any crime. The I.O. was present, who stated that he has no
information relating to previous antecedents of the present
applicant­accused. Thus, considering all these facts, it would be
proper to enlarge the applicant­accused on bail as the case for
granting regular bail is made out. Hence following order.
ORDER
1.

Bail Application No.640/2022 is allowed.

2.

Applicant­accused Pankaj Janardhan Mali in connection
with CR No. I 390/2021 registered with Vadivarhe Police
Cri. Bail Application No.640/2022.
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Station, Dist. Nashik for the offence U/s. 307, 341, 427,
504, 506 r.w.s. 349 of the Indian Penal Code be released
on bail on executing bond of Rs.20,000/­ with one or two
sureties in like amount.

3.

He shall not tamper with the prosecution evidence.

4.

He shall furnish his address proof aadhar card of his two
near relatives alongwith mobile numbers.

5.

He shall attend the court on given dates
6.

Bail in Lower Court.

7.

Inform the concerned police station accordingly.

SHINDE
MADHAV
A
Date­ 07.06.2022
Digitally signed by
SHINDE MADHAV A
Date: 2022.06.07
17:35:04 +0530
( M.A. Shinde )
Additional Sessions Judge­9,
Nashik.