Cri Bail Appln. No.1313 of 2022 (Or. Exh.1)
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IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK,
AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)
Criminal Bail Application No.1313 of 2022
CNR NO.MHNS010055292022
Ramdas Baburao Pawar
Age : 33 years, Occu.: Service
R/o : Chinchabe (N), Tal. Deola,
Dist. Nashik.

… Applicant/Accused.

V/S
State of Maharashtra
Through – Kalwan Police Station
(C.R. No.I­135/2022)
… Respondent/State.

Appearance :
Ld. Adv. Shri. Amol G. Patil for Applicant/Accused.
Ld. A.P.P. Shri. Sachin Gorwadkar for Respondent/State.
Shri. Mahesh M. Nikam, P.S.I., Kalwan Police Station present.
ORDER BELOW EXH. NO.1
(Delivered on 05th November, 2022)
1.

This is an application filed under Section 439 of Criminal
Procedure Code for grant of regular bail in connection with C.R. No.I­
135/2022 registered with the respondent Kalwan Police Station for an
offence punishable under Sections 302 and 341 r/w 34 of the Indian Penal
Code,
2.

Read the application and the say filed by the respondent vide
Exh.3. Heard Ld. Advocate for applicant, Ld. A.P.P. for the State and the
Cri Bail Appln. No.1313 of 2022 (Or. Exh.1)
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P.S.I. of Kalwan Police Station, who is present in Court. Perused the copy
of charge­sheet produced for inspection by P.S.I. of Kalwan Police Station.
3.

It is the prosecution case that, there was a love­affair between
the complainant and the applicant, who is accused No.1 in this Crime. The
said fact came to the knowledge of the deceased Arjun Ambadas Pawar,
who is the husband of the complainant. The deceased beat the complainant
and therefore the applicant got annoyed and decided to take the revenge.
Accordingly, on 12.06.2022 in between 08.30 p.m. to 09.30 p.m., when the
deceased was going for his night duty at Saptashrungi Gad as a Security
Guard. The said deceased was followed by applicant and accused No.2.
They restrained the deceased on the spot of incident and applicant assaulted
the deceased by an Axe on his face, neck and other parts of the body. The
matter came to the knowledge of the Police and accordingly the deceased
was shifted to the Hospital. Thereafter, the complainant, who is the wife of
deceased lodged the report about the incident with the Police against an
unknown person. During the investigation, the motive of applicant cropped­
up and the applicant and accused No.2 came to be arrested.
4.

It is the case of the applicant that, he is falsely implicated in
this case. There was a love­affair of applicant with the complainant but that
was of the Year­2014. Thereafter, the applicant as well as the complainant
married and there was no any affair between them. Applicant is CRPF and
there no possibility that he will abscond. Ready to abide by the conditions
likely to be imposed. Investigation is over and charge­sheet is filed before
the J.M.F.C., Court. No purpose will be server in keeping the applicant
behind the bar. Therefore, prayed to allowed the application on any
conditions.

Cri Bail Appln. No.1313 of 2022 (Or. Exh.1)
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5.

Respondent objected by filing a say vide Exh.3 on the
grounds that, the offence alleged is serious in nature, there is likelihood that
the applicant may pressurize and threaten the complainant and the witnesses
as they are related to him. The reports of C.A., CDR and SDR are awaiting.
Therefore, prayed to reject the application.
6.

Upon hearing and going through the material placed on
record, what can be gathered is that, the F.I.R. was filed against an
unknown person. But during the investigation, it revealed that there was a
love­affair between the applicant and the complainant, who is the wife of
the deceased. The material on record reflects that, the applicant and the
complainant went to Mumbai without informing their parents in the Year­
2014 and thereafter the parents of complainant performed the marriage of
complainant with the deceased. The material reflects that, despite the
complainant being married, there was a relationship between the applicant
and the complainant. There is a memorandum­cum­ seizure panchanama
under Section 27 of the Indian Evidence Act about recovery of Axe
involved in the Crime at the instance of applicant. Moreover, perusal of
post­Morten report reflects that, the injuries were caused on the body of the
deceased by Axe. The reports of C.A., CDR and SDR are awaiting. The
applicant is related to complainant and the witnesses. Therefore,
pressurizing and threatening the complainant and the witnesses can not be
ruled­out. Though, the case is based on circumstantial evidence. This is not
a stage, to invoke the discretion of this Court in favour of the applicant.
7.

As far as the authority relied by Ld. Advocate for the
applicant is concerned, i.e. “Sureah Irappa Hatti v/s State of
Maharashtra, reported in LAWS (BOM)­2004­7­24 by the Hon’ble
Cri Bail Appln. No.1313 of 2022 (Or. Exh.1)
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Bombay High Court”. In this authority His Lordship of the Hon’ble
Bombay High Court held that, “after filing of the charge­sheet the Court is
obliged to consider merits of the case afresh by allowing the applicant or
his Advocate to argue an application for bail on the basis of documents
supplied to the accused with the charge­sheet as required under Section
207 of Cr.P.C.” This Court finds that, this is the first application filed by
the applicant for bail. The said application is filed after the charge­sheet is
filed. This Court has considered the entire charge­sheet. Therefore, this
Court finds that, the authority relied upon observed that, the Court has to go
through the charge­sheet and then decide as to whether the bail is to be
granted or not. This Court has followed the said exercise and has come to
the conclusion that, the applicant can not be admitted to bail. In the result,
the application at this juncture, fails. Hence, the order.
ORDER
1.

Criminal Bail Application No.1313/2022 stands rejected.

2.

Inform the order to the I.O. and the Ld. J.M.F.C. Court.
MUSHTAQUE
HUSSAIN
SHAIKH
Place : Nashik.
Date : 05/11/2022
Digitally signed by
MUSHTAQUE
HUSSAIN SHAIKH
Date: 2022.11.05
15:26:40 +0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.