CNR
MHNS010036172022
Order below Exh.1
in Cri. Bail Application No.894/2022.
( Sudam Pandurang Mulane Vs State)
This regular bail application is moved by the applicant­
accused Sudam Pandurang Mulane under section 439 of the Criminal
Procedure Code for grant of bail in connection with CR No. 244/2022
registered with Dindori Police Station, Tal. Dist. Nashik for the offence
under section 302, 323, 324, 326, 504, 506 r/w sec. 34 of the Indian
Penal Code on 1.7.2022 in respect of alleged incident of murder of
Tibhu Tukaram Pingale.
2.

It is stated in the application that on 4.7.2022 applicant­
accused was arrested and produced before the court on 5.7.2022 and
remanded to police custody for 3 days and on 8.7.2022 remanded to
magistrate custody and since then he is in jail. It is stated that, as per
FIR on 27.6.2022 at about 1.00 to 1.30 p.m. the quarrel between the
accused and deceased took place and accused No.2 attacked the
deceased with sword, due to which the deceased suffered injuries and
due to that he succumbed to the death. It is submitted that applicant­
accused has not committed any offence. He was not present at the site
of incident on the date on 27.6.2022 and was with his son Mangesh at
Irrigation colony, Makhmalabad, Nashik. The quarrel took place
between the deceased and accused No.2 on 27.6.2022. Accused No.2
was called him on phone and informed about the quarrel, thereafter
accused No.1 left from Nashik by bus at 1.24 p.m. and therefore, there
is no any involvement of the applicant­accused in the quarrel, incident
or even was present at the site of the incident. It is also stated that a
counter FIR vide CR No.237/2022 with Dindori police station has been
registered at the instance of the accused No.2 in present crime against
..2..

the deceased alleged beaten him by the blunt of an axe and suffered
forehead and leg injuries and this shows that applicant­accused was
not present at the time of alleged incident. The applicant­accused is 72
years old and agriculturist and having no criminal antecedents. Hence,
prayed to allow the application.
3.

The prosecution objected the bail application.

I.O. has
filed her report and submitted the relevant papers of the investigation
done till this date.
4.

Heard, both the parties. Perused the record.

5.

The learned counsel Shri. Deshpande submitted that the
applicant­accused has not committed any offence. He was not present
at the time of incident. He is 72 years old and agriculturist and has no
any criminal antecedents. The applicant­accused is local residents and
he has roots in the society and will not jump the bail and ready to
abide the conditions laid down by this Court. Hence, prayed for bail.
6.

The learned AGP Shri. Kapse submitted that, the applicant­
accused has played role in commission of the crime. The incident had
occurred on 27.6.2022 and the deceased was beaten by the sword, axe
and due to serious injuries, he died while taking medical treatment. He
further submitted that investigation is in progress. If the applicant­
accused released on bail, he may pressurized the prosecution
witnesses. Hence, prayed to reject the application.
7.

On perusal of the record, it appears that the name of
present applicant­accused is mentioned in the FIR as he was
accompanied by his son Ravindra Sudam Mulane who inflected the
deceased by sword. The presence of the present applicant­accused is
Cri. Bail Application No.803/2022.
..3..

crystal clear and so far as the role played by the applicant­accused is
concern, it is not the stage to consider minutely exact role of the
present applicant­accused. The investigation is in progress. The I.O. is
given sufficient opportunity to investigate the mater. So far as case law
relied upon by the learned counsel Shri. Deshpande, in Sohebhai
Babubhai Tuyrewala Vs State of Gujarat, in Cri. Misc. Application
No.2994 of 2020, decided on 21.12.2020 is not application to the
facts of present case. Considering the earlier stage of the investigation
of the present matter, therefore, the present application is devoid of
merit, hence liable to be rejected.

Accordingly, following order is
passed.
ORDER
1.

Bail Application bearing No. 894 is hereby rejected.

2.

Inform to the concern police station accordingly.

Date­22.07.2022
SHINDE
MADHAV
A
Digitally signed
by SHINDE
MADHAV A
Date: 2022.07.22
17:27:18 +0530
( M. A. Shinde )
Additional Sessions Judge­9,
Nashik.