1 Cri. Bail Application No. 1121 of 2022 ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION
NO. 1121 OF 2022

{Shri. Rohit Nandkumar Pawar vs. The State of Maharashtra through Ambad Police Station}

This is the bail application under section 439 of the Criminal Procedure Code, 1973 filed by the applicant-accused in crime No. 274 of 2022 registered with Ambad Police Station for the offences punishable under sections 302 and 304 read with 34 of the I. P. C.

02] The applicant contended that false and fabricated case is registered against him. He is not concerned with the offence. He has not committed murder of Kailas Sable. Only, allegations of beating the deceased by wooden stick on the hands, back and legs are there. He has not caused fatal injury. The allegations are against the wife of the deceased. He has no criminal antecedent. His family is dependent on him. Nothing remained to be investigated from him. The charge sheet is filed and investigation is completed. The addition of section 302 of the I. P. C. is after some days. His previous bail application was rejected because investigation was going on. He is ready to abide by any conditions imposed by the court. Hence, he has prayed for grant of bail.

03] learned APP has filed say at Ex. 03 and I. O. has also filed say at Ex. 04 and victim filed say at Ex. 08. They have stated that the offence is of serious nature. All the accused with preplanning killed the deceased by wooden sticks and stones. They have caused serious injuries to the deceased and he died. The investigation is completed against present accused. One crime is pending against the accused. Accused and the witnesses are friends of each other and if he is released on bail, he will threat the prosecution witnesses. The daughter of deceased had seen the accused beating his father by wooden log. Hence, they have prayed for rejection of bail.

04] Heard the learned counsel for accused, learned APP and learned counsel for the victim. They have argued as per their stand taken.

05] I have gone through application, say, arguments, documents, police papers. There is strong prima-facie case against all the accused. The wife of the deceased by means of sickle assaulted on the head of the deceased and then, gave him pushed and he fell down on the road and sustained head injury. The accused nos. 1 to 3 have beaten the accused by wooden stick on his hands and legs. As much as, 29 injuries were caused to him. Because of injury nos. 1 and 2 i.e. head injury, he died. The author thereof is accused no. 4. The deceased have already stated to the doctor that today, he will be killed. It indicates that the accused had formed intention to kill him.

The offence is of serious nature. There are eye witnesses to the incident and also CC TV footage. The offence is punishable with death or imprisonment for life. Though the investigation is completed, but, the offence is of very serious nature and there is ample evidence against the accused. The accused is not entitled for bail. Hence, the following order:

O R D E R

Application is rejected.

Digitally signed by RATHI RATHI ROOPESH ROOPESH RAMSWARUP RAMSWARUP Date: 2022.09.22
17:55:55 +0530 Date : 20.09.2022 (R. R. Rathi) Additional Sessions Judge-6, Nashik.