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MHNS010030352022
Order below Exh. 1 in Criminal Bail
Application No. 764/2022.
1.
This is an application moved by the applicant/accused Saurav
Deepak Deshmukh under section 439 of the Code of Criminal Procedure in
C.R.No. I79/2022 registered against accused at Mhasrul Police Station for
the offence punishable under section 302 r/w section 34 of the Indian
Penal Code.
2.
It is submitted by the accused that he is innocent and has not
committed any offence. He has been falsely implicated only on the
suspicion. He is student of Engineering college and has good academic
record. He is supposed to appear for his semester examination. He is not
connected with the alleged incidence. Name of the present accused is not
reflected in the FIR. Nothing has been discovered from the accused during
custodial interrogation. Weapon of the offence is already recovered at the
instance of coaccused. Statement of all the witnesses has been recorded.
He has no criminal antecedents. He is ready to abide by all the terms and
conditions, hence, prayed to allow the application.
3.
Say was called of the investigating officer. He has objected
this application on the count that, accused in connivance with other
accused at public place caused death of the deceased. Offence is serious
in nature. Eye witnesses has stated that present accused has assaulted the
deceased by fist and kick blows and their statement under section 164 of
Cr.P.C. has been recorded. Accused is educated, he had knowledge of the
law yet he has committed serious offence. If he is released on bail he will
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threaten the witnesses. They have to collect evidence and filed charge
sheet in the Court. Present accused has connection with habitual offender
Mayur Shivsharan against whom three offences are pending and against
Suraj Gangurde one offence is pending. They have to inquire whether
there is involvement of any other persons, hence, prayed that application
be rejected.
4.
Heard Ld. APP and Ld. Advocate for accused. It is submitted
by the Advocate for accused that recovery of clothes and weapon has been
made at the instance of Mayur Shivsharan and Suraj Gangurde. Nothing
incriminating was seized from the present accused. FIR categorically
reflects the involvement of Mayur Shivsharan and Suraj Gangurde who
have actively participated in the commission of the offence. Accused is a
student and has to appear for his examination, hence, prayed that as there
is no involvement of the present accused bail be granted.
5.
Investigating Officer and Ld. APP for the state have strongly
objected this application on the ground that witnesses have stated the
name of the present accused to have assaulted the deceased by fist and
kick blows.
No grounds made for grant of bail, hence, prayed that
application be rejected.
6.
Perused the FIR, case papers and remand papers. Though, the
FIR does not reflect the name of present accused, there is specific
reference in the FIR that Mayur Shivsharan has assaulted the deceased by
chopper at that time Suraj along with his friends were assaulting the
deceased by fist and kick blows. Furthermore, there is a statement of
witness which categorically states that when there was quarrel friends of
Bobby and Mayur i.e. Atharv and Saurav were assaulting the deceased.
There is active role of the present accused as in furtherance of the
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common intention accused was involved in the act of assaulting the
deceased. Investigation is in progress with respect to the involvement of
other accused. Offence is serious punishable with life, hence, I am not
inclined to release the accused at this stage. Hence, following order is
passed :
ORDER
Application is hereby rejected.
Nashik.
Date : 22/06/2022.
Sd/xxx
(V.S.MalkalpatteReddy)
Additional Sessions Judge,
Nashik.