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Cri.B.A.No.1316/2022
Criminal Bail Application No.1316/2022
CNR No. MHNS010055402022
[Pankaj Sudhakar Sonawane V s. State]
Order below Exh.1.
This is second bail application for regular bail U/s. 439
of Cr.P.C. in Cr.No.I201/2022 of Bhadrakali P. S., for offences
punishable under Sections 143, 144, 147, 148, 307, 341, 149 of
I.P.C., on the basis of FIR lodged by Nilesh Sadashiv Kokane.
2.
Second bail application is filed on the ground that the
applicant is innocent and has been falsely implicated in the case.
That he was not present on the spot at the time of incident. That
injured was not admitted in any hospital for treatment. Charge
sheet has been filed. There are no eye witnesses to the incident.
Other coaccused are released on bail. He is the only bread earner of
the family. He will be available for trial. On these main grounds and
others have prayed for bail.
3.
Notice was issued to State. State appeared through Ld.
APP Mr. Kotwal and filed say resisting for grant of application on
the grounds that there are no change in circumstances. The offence
is serious in nature. The applicant if released on bail, will pressurize
informant and witnesses. That applicant is having criminal
antecedent. On these main grounds and others have prayed for
rejection of bail application.
4.
Heard Ld. Advocate Mr. Badode for applicant. Perused
bail application. Heard Ld. APP Mr.Kotwal. Perused police papers
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Cri.B.A.No.1316/2022
and say filed by Bhadrakali police station.
5.
On perusal of F.I.R. as well as case papers, it is apparent
that, on 11.7.2022, Nilesh Kokane [informant] was proceeding on
his motorcycle from Shivsena Bhavan. Two motorcycles came from
behind and one of them assaulted him with wooden log, other on
his left leg. One of them sprinkled ink, assaulted him with fist and
kick blows and threatened him for life.
6.
Admittedly, the name of the present applicant is not
mentioned in FIR. The report of the police reveals that the
informant identified the applicant. Now the injured Nilesh Kokane is
discharged from the hospital. The accused namely Rohan Sengar,
Sagar Dighole have been released on regular bail by this court. The
earlier bail application was rejected as the investigation was in
progress and the accused was having criminal antecedents. Today,
Ld.Adv.Mr.Badode placed on record judgment passed by the
Sessions Court in Sessions Case No.221/2011 for the offence
punishable under Sec.302 of IPC, disclosing that Pankaj Sonawane
who is accused No.7, is acquitted for the offence under Sec.302 of
IPC, but convicted for the offence under Sec.323 of IPC. The
Judgment is passed way back in the year 2013.
7.
The other offences are under Sec. 326, 386, 384, 324 of
IPC and under Sec.135 and 142 of Maharashtra Police Act, triable
by Ld. JMFC. The other coaccused are released on bail. Except for
clothes, nothing incriminating is seized from the applicant. The
applicant is permanent resident of Nashik. He shall be available for
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Cri.B.A.No.1316/2022
trial. Considering the previous antecedents, certain strict conditions
are required to be imposed on the applicant. Hence, following order
is passed :
ORDER
(1). Application is allowed.
(2). The applicant Pankaj Sudhakar Sonawane be released on bail
in Cr.No.I201/2022 of Bhadrakali P. S., for offences
punishable under Sections 143, 144, 147, 148, 307, 341, 149
of I.P.C., on furnishing a PR and SB of Rs.25,000/ with one
or more sureties of like amount on following conditions.
(a). He shall attend Bhadrakali Police Station on every Monday
between 10.00 to 11.00 a.m. till conclusion of trial.
(b). He should furnish two documents about his identity proof and
two documents in respect of identity proof of his relatives.
(c). He shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of
the case, so as to dissuade
them from disclosing such facts
to the Court or to any police officer.
(d). Violation of any of the above mentioned condition, would
result in cancellation of bail.
(3). Inform concerned police station accordingly.
(4). Bail before JMFC Court
VARDHAN
PRATAPRAO
DESAI
Nashik.
Date : 31/10/2022
Digitally signed by
VARDHAN
PRATAPRAO DESAI
Date: 2022.11.01
11:03:13 +0530
( V. P. Desai)
Additional Sessions Judge, Nashik.