Pravin Gatlya Janardan Jadhav Vs State of Maharashtra Nashik Sessions Court BA No 1302 of 2022

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Cri.B.A.No.1302/2022
Criminal Bail Application No.1302/2022
CNR No. MHNS010055032022
[Pravin @ Gatlya Janardan Jadhav V s. State]
Order below Exh.1.
This is application for regular bail U/s. 439 of Cr.P.C. in
Cr.No.I­416/2022 of Panchavati P. S., for offences punishable under
Sections 307, 326, 324, 323, 452, 427 r.w. 34 of I.P.C., on the basis
of FIR lodged by Umesh Chandrakant Gade.
2.

Bail application is filed on the ground that the applicant
is innocent and has been falsely implicated in the case. That he has
never assaulted informant or his friend. There is delay in lodging
FIR. Nothing has been recovered or discovered at the instance of
applicant. That applicant is arrested only on suspicion. He is bread
earner in the family. He is permanent resident of Nashik. There is
no criminal antecedent against him. He is ready to abide by all the
terms and conditions imposed by the court. He will not pressurize
witnesses and will co­operate investigation machinery. 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 absconding accused are to be arrested. If released
on bail, he will pressurize witnesses. Investigation in respect of
misappropriated amount is to be done. There is a possibility of
commission of serious offence in future. Offence is serious one.
Investigation is at preliminary stage. On these main grounds and
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Cri.B.A.No.1302/2022
others have prayed for rejection of bail application.
4.

Heard Ld. Advocate Mr.S.J.Deshpande for applicant.

Perused bail application.

Heard Ld. APP Mr.Kotwal assisted by
Ld.Adv.Mr.Deshmukh. Perused police papers and say filed by
Panchavati police station.
5.

On perusal of F.I.R. as well as case papers, it is apparent
that, Siddharth Chandrakant Jadhav along with his companions
namely Pravin @ Gatlya Janardan Jadhav and Rahul Nirbahvane
entered cabin of informant with sickle in their hand, inquired him
about one Mr.Bablu and thereafter, has abused and caused damage
to the cabin, computer, AC printer etc. Thereafter Siddharth Jadhav
has assaulted on right arm of the informant. When Siddharth tried
to assault on the head of the informant, Mangesh Lahamge, to save
informant, forwarded his right hand because of which he incurred
grievous injury on his palm. Thereafter, they have assaulted Jagdish
@ Bablu Bhalla. Even, after the incident, amount of Rs.1,31,000/­
was missing.

6.

The name of the present applicant is mentioned in FIR.

He along with Siddharth entered the cabin of informant with sickle
in their hands. Siddharth assaulted informant and tried to commit
his murder. The applicant shared common intention with Siddharth.
From FIR, it can be gathered that there is prima facie case of
attempt to murder. The medical report suggest grievous injury to
palm of Lahamge Mangesh Ramesh, Thenar artery and recurrent
branch of median nerve cut with loss of opposition of thumb,
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Cri.B.A.No.1302/2022
Thumb flexion and extension normal. Other accused persons are yet
to be arrested. Investigation is still in progress. At this stage, if the
applicant is released on bail, it will hamper investigation.

The
offence is triable by the Court of Sessions. Hence, at this stage, it
will not be appropriate to exercise discretion in favour of the
applicant. Hence, following order is passed.
ORDER
(1).

Application stands rejected.
VARDHAN
PRATAPRAO
DESAI
Nashik.
Date : 31/10/2022
Digitally signed by
VARDHAN
PRATAPRAO DESAI
Date: 2022.11.01
11:02:39 +0530
( V. P. Desai)
Additional Sessions Judge, Nashik.