CNR No. MHNS010039512022
Order below Exh.1 in Cri. Bail Application No.946/2022.
( Vaibhav Eknath Mali and others Vs. State )
This is an application for grant of bail under section
439 of the Code of Criminal Procedure moved by the applicants­
accused No.1 Vaibhav Eknath Mali, No.2 Tanaji Waman Mali, No.3
Pandurang Laxman Mali in connection with CR No.I 390/2021
registered with Vadivarhe Police Station for the offence puni. U/s.
307,341,427,504,506 r.w.s. 34 of the Indian Penal Code.
2.

It is stated that the first informant Vishnu Walu Joshi
R/o. Talogh, Tal. Igatpuri, Dist. Nashik lodged FIR on 13.11.2021
alleging that his son Ankush was deadly assaulted by the accused
and therefore, the crime came to be registered against the present
applicant­accused and another accused Pankaj Janardhan Mali.
3.

It is further stated in the application that the police
have filed the charge­sheet on 18.5.2022. They have received
summons of the learned JMFC, Igatpuri on 21.7.2022, therefore,
they have moved an Anticipatory Bail Application Nos. 914/2022
which was withdrawn by them and they have surrendered before
the learned JMFC, Igatpuri in RCC 58/2022. They are taken into
MCR and since then they are in jail.
4.

Earlier they had moved anticipatory bail application
before this court bearing No.1585/2021 which was rejected by this
court on 29.11.2021, therefore, they had filed two anticipatory bail
application Nos. 2962/2021 and 3039/2021 before the Hon’ble
Bombay High Court. The Hon’ble Bombay High Court granted
interim protection on 17.1.2022 and 24.1.2022. Meanwhile the
police have filed charge­sheet as against the accused No.1 Pankaj
..2..

Janardhan Mali on 18.5.2022, therefore, the anticipatory bail
applications filed before the Hon’ble Bombay High Court were
withdrawn. It is further stated that, the accused No.1 was granted
bail by this court on 7.6.2022 in Regular Bail application
No.640/2022.
5.

The applicants­accused further claimed that they have
been falsely implicated in present case. Their antecedents are
clean. They are local residents and will abide by conditions that
may be laid down by this court and hence prayed for regular bail.
6.
that
The bail application is opposed by the state by stating
accused
may
threatened
and
pressurized
prosecution
witnesses.
7.

Heard, learned counsel Shri. Shivam Walzade for
applicants­accused. The accused No.1 was granted regular bail by
this court. The charge­sheet is filed, therefore, on the ground of
parity applicants­accused may be enlarged on bail with condition
that may deem fit by this court.
8.

On the other hand, the learned APP Shri. Suryvanshi
opposed the application stating that the applicant­accused and the
victim and other witnesses are residing in the same vicinity and
there are chances that accused may pressurized the prosecution
witnesses. However, he fairly submitted that charge­sheet is filed
and the accused No.1 is enlarged on bail by this Court, hence
prayed to reject the application.
9.

I have gone through the entire record. It is matter of
record that the crime is registered with CR No.390/2021 at
Cri. Bail Application No.946/2022.
..3..

Wadivarhe Police Station on 13.11.2021 in respect of the alleged
incident in between 12.11.2021 to 13.11.2021. The applicant­
accused is facing charges under section 307,341,427,504,506 r.w.s.
34 of the IPC. The medical report filed on record shows that there
are stabbing injuries on chest, which are grievous in nature.
10.

On perusal of the copy of charge­sheet, Investigating
Officer has seized the weapon used in commission of crime from
the accused No.1. The vehicle and wooden sticks used in
commission of crime are also seized. The name of the present
applicants­accused are mentioned in the FIR. The statement of
victim also mentioned the name of the present applicants­accused.
However, on perusal of the entire charge­sheet, particularly the
statements of eye witnesses, who were traveling in the said tempo
do not identify the applicants­accused and they are stating the
name of all accused persons at the instance of injured Ankush
Joshi. The reason assigned by all these witnesses for not identifying
the accused persons as it was 00.30 hours and head lights of the
tempo were off and therefore, they could not identify those
assailants. However, they stated that,
one of the accused was
holding sharp weapon like Gupti and other three accused were
holding wooden sticks.
11.

Thus, considering all this situation particularly the fact
that the charge­sheet is already filed. It will take time to commit
the same and particularly the statements of eye witnesses who
could not identify the applicants­accused and therefore, there is
only one statement of injured which is implicating the present
applicants­accused in the crime and on the basis of information
..4..

supplied by him to his father Vishu Balu Joshi lodged FIR in the
present crime. There is nothing placed on record by the
prosecution
to
show
that
applicants­accused
were
earlier
implicated in any crime.
12.

It is matter of record that, interim anticipatory bail
applications moved by the present applicants­accused were
subsequently withdrawn by their learned counsels as charge­sheet
is filed in the matter. However, it was contended that those bail
applications were withdrawn behind their back and without any
instructions. Therefore, they had again attempted to move
anticipatory bail applications before this court which were also
withdrawn as this court has disapproved the modus­operandi
adopted by accused persons. Therefore, it seems that, they have
ultimately surrendered on 28.7.2022 before learned JMFC,
Igatpuri. The police have submitted the report that, the
investigation is completed and the police custody of the accused is
not required and therefore, prayed for judicial custody, which was
accepted by the learned JMFC, Igatpuri and remanded the present
applicants­accuse to the judicial custody on 28.7.2022. Thus,
considering all these facts that the accused No.1 granted bail on
merit by this court, therefore, on the ground of parity these
applicants­accuse are entitled for regular bail as it is stated at bar
by the learned counsel for the applicants­accused that no
anticipatory bail applications are pending before the Hon’ble
Bombay High Court and the earlier anticipatory bail applications
have been disposed of as withdrawn. Therefore, as the charge­
sheet is filed, investigation is completed all muddemal properties
including weapons are recovered, therefore, there is no propriety to
Cri. Bail Application No.946/2022.
..5..

keep the applicants­accused behind the bar, hence, they are
entitled for granting regular bail. Hence following order.
ORDER
1.

Bail Application No.946/2022 is allowed.

2.

Applicants­accused No.1 Vaibhav Eknath Mali, No.2 Tanaji
Waman Mali, No.3 Pandurang Laxman Mali in connection
with CR No. I 390/2021 registered with Vadivarhe Police
Station, Dist. Nashik for the offence U/s. 307, 341, 427,
504, 506 r.w.s. 349 of the Indian Penal Code be released
on bail on executing bond of Rs.20,000/­ each with one or
two sureties in like amount.

3.

They shall not tamper with the prosecution evidence.

4.

They shall furnish their address proof aadhar card of their
two near relatives alongwith mobile numbers.

5.

They shall attend the court on given dates.

6.

Bail in Lower Court.

7.

Inform the concerned police station accordingly.

Date­ 10.08.2022
SHINDE
MADHAV
A
Digitally signed
by SHINDE
MADHAV A
Date: 2022.08.10
17:49:10 +0530
( M.A. Shinde )
Additional Sessions Judge­9,
Nashik.