MHNS010054222020 Order below Exh.1
in Cri. Bail Application No.1832/2020.
Rohidas Waman Aher Vs. State
This is an application under section 439 of the Criminal Procedure Code for grant of bail pending trial.
2.Brief facts giving rise to this application can be narrated as follows.
The applicants came to be arrested on 30.11.2020 in Crime No. 613/2020 for the offence punishable under sections 307, 143, 147, 148, 149, 504, 506(2), 427 of the Indian Penal Code; section 4/25 of the Arms Act and section 135 of the Maharashtra Police Act registered with Panchavati Police Station, Nashik on the accusation that, on 14.11.2020 at about 1.30 p.m. at Gavali Chawl, Panchavati, Nashik, the applicant/accused and coaccused attempted to murder Pramod Santosh Gavali by attacking him with sword, iron rod and chopper.
3.The applicant contend that he has not committed any offence as alleged by the prosecution. He is behind bar from the date of his arrest. There was no motive or preparation on the part of applicant. The weapon is already recovered during the custodial interrogation of applicantaccused. As such, investigation is almost completed. Injured is already discharged. Therefore, his further detention is not necessary for the purpose of investigation. Coaccused are already released on bail by this Court. He is having permanent place of abode and roots in the society. He is ready to furnish the surety to the satisfaction of this Court and also ready to abide by the conditions, if any, imposed by this Court. On these lines, he has prayed for bail pending trial.
4.The respondent State filed its reply and interalia denied all the adverse allegations made by the applicant and reiterated prosecution case. There is primafacie sufficient material on record to show the involvement of the applicant in the commission of the offence. Investigation is not yet completed. If the accused is released on bail, he may hamper or tamper with the prosecution witnesses. On these lines, respondent State has prayed for rejection of the bail petition.
5.Heard learned advocate Mr. Avhad appearing on behalf of the applicant and learned A.P.P. Mr. Nikam. I have also perused the investigation papers made available by the Investigating Officer. The alleged incident took place on 14.11.2020 at 10.30 p.m. whereas the offence came to be registered on 16.11.2020. There is a primafacie sufficient material on record to show the involvement of the applicant in the commission of the offence. However, there is no reason to believe that he has committed an offence punishable with death or exclusive life imprisonment. The victim/injured has been discharged from the hospital, therefore, the question of converting the crime into the serious offence does not arise. In exceptional cases only bail is to be refused. The prosecution failed to show any exceptional ground so as to turn down the bail plea of the applicant. The applicant is behind the bar from the date of his arrest. Weapon used in the offence is already recovered and thus material investigation is already completed. Coaccused are already released on bail. The applicant is ready to cooperate in further investigation and to furnish sufficient surety. No useful purpose will suffice by keeping him behind bar till filing of the chargesheet or conclusion of the trial, when he is ready to furnish surety and ready to abide by the conditions. Considering the aforesaid facts, I am of the opinion that the applicants have made out case for grant of bail on certain terms and conditions. With this, I proceed to pass the following order.
O R D E R
1 Application is hereby allowed.
2 Applicant Rohidas Waman Aher be enlarged on bail, in Crime No.613/2020 for the offence punishable under sections 307, 143, 147, 148, 149, 504, 506(2), 427 of the Indian Penal Code; section 4/25 of the Arms Act and section 135 of the Maharashtra Police Act registered with Panchavati Police Station, Nashik, on furnishing personal bond of Rs.30,000/ with one or two sureties in like amount.
3 He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as dissuade them for disclosing such facts to the Court or to any police officer.
4 He shall not commit similar or any other offence and misuse the liberty granted by this Court.
5 He shall attend the concerned police station on every Monday in between 10 a.m. to 01 p.m. till filing of the chargesheet and cooperate in further investigation.
6 He shall furnish their address proof, identification proof and mobile number, if any, and shall not change his residential address without informing Investigating Officer.
( Smt. S.C. Jadhav ) 06th January, 2021. Additional Sessions Judge8, Nashik. Document Outline