MHNS010043712022
Order below Exh. 1 in Criminal Bail
Application No. 1013/2022.
1.

This is an application moved by the applicants/accused
Sushant Shantaram Nathe under section 439 of the Code of Criminal
Procedure in C.R.No.134/2022 registered against accused at Adgaon
Police Station for the offence punishable under sections 307, 323, 504,
143, 147, 148, 149, 427 of the Indian Penal Code and section 135 of the
Mumbai Police Act.
2.

It is submitted by the accused that he has not committed any
offence and has been falsely implicated in the crime. During the said
period investigation is completed. Charge­sheet has been filed. Hence,
there is change in circumstances. As investigation is completed no purpose
would be served to keep the accused behind bar. Allegations are made
against accused Gatya, Sushant Nathe and no role has been attributed to
the present accused.

Merely because accused is the real brother of
accused no. 3 he has been involved in the present crime. Complainant has
not stated the name of the present accused. There is no incriminating
evidence against the accused.

He has not caused any assault to the
complainant. Injured has been discharge. Nothing has been seized from
the accused, hence, prayed that he be released on bail.
3.

Say was called of the investigating officer. He has objected
this application on the count that, accused has committed serious offenece
and there is ample evidence against him.

It has transpired in the
investigation that accused were present at the scene of offence and they
have assaulted the complainant by throwing stone on his head and caused
grievous injury. Accused and the witnesses are committing offences and in
the coming period there is festival of Ganesh and other if he is released on
bail he will cause breach of peace. If accused is released on bail he will
commit similar type of offence and caused terror in the vicinity of Jatra
Hotel. Complainant and accused are resident of the same area due to
which there is possibility that he will tamper and threaten the witnesses.
Hence, prayed that application be rejected.
4.

Heard Ld. APP and Ld. Advocate for accused. On perusing
the case papers it is seen that charge­sheet has been filed against the
accused. It is argued by the Advocate for the accused about investigation
is complete and no purpose would be served in keeping the accused
behind bar. However, on perusing the FIR specific role has been attributed
to the present accused as he came along with 6 to 7 friends. Accused
assaulted complainant by iron rod on his head and he fell down at that
time accused and his friend with the intention of killing him started
throwing stone on him and caused grievous injury. In such circumstance
it cannot be said that present accused has no role to play in the incident as
stated by the accused.
5.

On
perusing
the
medical
certificate
it
reflects
that
complainant has sustained fracture injury on his head which is grievous in
nature. Complainant has stated that after the assault by Sushant all the
accused persons have thrown stone on his head. Accused has committed
the grievous offence on public road in presence of the crowd which
reflects his conduct. If accused is released on bail there is every possibility
that he will threaten the witness as they all are resident of the same
vicinity. The present accused has assaulted the complainant with the
intention of causing death. In such circumstances there is prima facie
involvement of the accused in commission of the offence.

I am not
inclined to released the accused on bail. Hence, I proceed to pass
following order :­
ORDER
Application is hereby rejected.
Sd/­xxx
Nashik.
Date : 23/08/2022.

(V.S.Malkalpatte­Reddy)
Additional Sessions Judge,
Nashik.