Cri. Bail Appl. No.1228 of 2022 (Or Exh.1) 1 IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT – NASHIK. ( Presided over by Mr. M. H. Shaikh) Criminal Bail Application. No.1228 of 2022 CNR No. MHNS010053042022
Sandesh Manohar Adole
Age : 29 years, Occ : Agriculture
R/o : Gavitpada, Mahismal,
Tal. Surgana, Dist. Nashik. … Applicant/accused.
V/S
State of Maharashtra Through : Igatpuri Police Station. (C.R. No.I09/2022) … Respondent.
Appearance : Ld. Adv. Shri. Mangesh S. Navle for Applicant/Accused.
Ld. A.P.P. Shri. Sachin Gorwadkar for Respondent/State.
Shri. Arjun Bhosale, Dy. Superintendent of Police (Rural) (I.O.) present.
ORDER BELOW EXH. NO.1 ( Delivered on 19 th October, 2022)
1.This is an application under Section 438 of Cr.P.C. for prearrest bail in connection with C.R. No.I09/2022 registered with the respondent Igatpuri Police Station against the accused and others for an offence punishable under Sections 302, 307, 120B, 452, 427, 413, 147, 148, 149, 323, 504 and 506 of the Indian Penal Code and under Sections 135/37(3)(1) of the Mumbai Police Act and under Section 4/25 of the Arms Act.
2. Read the application and the say filed by the respondent vide Exh.6.
3.Heard Ld. Advocate for applicant, Ld. A.P.P. for the State and the I.O. in person.
4.It is the prosecution case that, the applicant and other accused persons conspired and committed the murder of Rahul Ramnath Salve by knife and other weapons.
5.It is the case of the applicant that, his name is not there in the F.I.R. He is been falsely implicated in this case. He is the labourer and his family are dependent on him. Investigation is over. Chargesheet is filed.
Custodial interrogation of the applicant is not necessary.
6.Respondent objected on the grounds of seriousness of offence custodial interrogation of the applicant is necessary to the ascertain his role, he may repeat the same offence, threaten the complainant and the witnesses.
Therefore, prayed to reject the application.
7.On the basis of the submissions of the duo Advocates and material placed on record, what can be gathered is that the some accused persons came to be arrested and many are yet to be arrested. There are in all 80 accused persons in this Crime. Out of them, many are absconding. It is the fact that, Chargesheet is filed in the Court of law, but the name of applicant has cropped up in the Statement of one Ravindra Bhagade recorded under Section 164 of Cr.P.C. This Court finds that, custodial interrogation of this applicant is necessary to ascertain his role. Just because the Chargesheet is filed, therefore by default applicant can not claim bail and that to prearrest bail in such a serious matter. Moreover, the F.I.R. is not an encyclopedia. Therefore, this Court finds that, the application requires to be turned down. Hence, the order.
O R D E R
1.Criminal Bail Application No.1228/2022 stands rejected.
2.Inform the order to the I.O.
MUSHTAQUE Digitally signed by MUSHTAQUE HUSSAIN HUSSAIN SHAIKH SHAIKH Date: 2022.10.20 10:40:53 +0530 Place : Nashik. (M. H. Shaikh) Date : 19/10/2022 Additional Sessions Judge, Nashik.