Cri.B.A.No.1714/2020 Order below Exh.01 in Cri.B.A.No.1714/2020 CNR No.MHNS010047122020

(Vishal @ Sagar Vilas Navle & Ors. vs. State)

The applicants have preferred this application for anticipatory bail praying therein that they may be released on bail in the event of arrest in connection with CR.No.88/2020 registered with Nashik Taluka police station for the offence punishable under Sec.307, 143, 147, 148, 149, 504 and 506 of IPC and u/s 3, and 25 of the Arms Act and u/s 135 of the Maharashtra Police Act, on the basis of FIR lodged by Tukaram Dattu Dange contending therein that on 25/11/2020 at 2­30 hrs. when he was proceeding from Kutty Mission to his house, he was apprehended by accused persons namely Sunil Navle, Mahesh Navle, Sampat Navle, Sharad Navle, Roshan Navle and there was attempt to commit his murder.

2.Bail application is filed on the ground that the applicants are innocent and falsely implicated in the case. That the informant and the applicants are relatives of each other and are residing in the adjacent village. There was one minor incident taken place for which the informant and his relatives were abusing the applicants on phone and applicants have lodged N.C. on 25/11/2020. There was no use of revolver, iron rod etc. That there is cross complaint.

That the dispute between the applicant and the informant has been settled. That no incident alleged in the F.I.R. has taken place. That the applicant nos.1 and 2 are taking medical treatment at Jupiter Hospital. Applicant no.2 is COVID patient. On these main grounds and the others mentioned in the

3. Notice was issued to State. State appeared through Ld. APP Mr. Kadam and filed say resisting for grant of application on the grounds that, the accused Sampat Navle has used revolver in the offence. The same is to be recovered. The vehicles, clothes used in the offence are to be recovered at the instance of the applicants.

That the applicants will tamper with the prosecution evidence.

Detail investigation is to be carried out. The weapons used by the accused persons is to be recovered. Hence, bail application of all the applicants be rejected.

4.Heard Ld. Advocate Mr. Pawar for applicants. Perused bail application. Heard Ld. APP Mr. Kadam. Perused police papers and say filed by Nashik Taluka police station. Both the learned Advocate as well as learned APP respectively reiterated the contents made in bail application and say of the police. Apart from this, Mr. Pawar stressed in his argument that the matter is compromised between the informant and the applicants.

5.On perusal of FIR as well as case papers, it is contended therein that on 25/11/2020 at 2­30 p.m. when the informant was proceeding on his motorcycle from Kutty to his house, the Swift Desire car no.MH­15­9947 driven by Vishal Navle dashed him.

Thereafter Vishal Navle assaulted him by jack on his back. Sunil Navle assaulted him by wooden log on his left leg. Thereafter, Vishal called from his mobile phone and pursuant to the call, one Scorpio vehicle, Balero and another vehicle came at the spot. Even two motorcycles came. Thereafter, Mahesh Navle assaulted the informant on his head by wooden log. Sampat Navle applied revolver. Rahul Navle, Sharad Navle assaulted the informant on his back and hand. Vishal Navle assaulted by the wooden log on his left hand. Roshan Navle assaulted by the iron rod on his back when the informant’s cousin brother came to his rescue even he was assaulted by iron rod and wooden log. Thereafter, both the injured were admitted into the hospital.

6.On perusal of the medical reports, informant Tukaram Dange has suffered a fracture. His injury is grievous in nature. Akash Dange has suffered blunt trauma over head, thigh and shoulder. He has further suffered CLW on the occipital region.

There is cross ­complaint in the form of Vishal Navle i.e. applicant no.1 lodging FIR No.90/2020 for the offences punishable under section 307, 143, 147, 148, 149, 427, 504 ,506 of IPC and u/s 3 /25 of Arms Act and u/s 135 of the Maharashtra Police Act against Akash Dange, Tushar Dange, Balu Dange, Tukaram Dange, Savliram Dange. The investigating officer has also collected medical certificate of Sunil Navle who is applicant no.2 in the present bail application wherein he has suffered five injuries out of which two are grievous in nature. From the contents of both the FIR crime no.88/2020 and 90/2020 which are cross complaints, one can gather that there was free fight between both the parties. The FIR
specifically states that there was use of weapons such as pistol, iron rod and wooden logs. The injury certificate of Tukaram Dange though may not show multiple injuries as can be expected after going through the FIR but still one injury i.e. mentioned in the injury certificate mention that it is grievous in nature whether this discrepancy is fatal or not can be seen at the time of trial.

7.Mr. Pawar had argued that though it is in the FIR it is alleged that pistol was applied to the head of the informant there was no use of the pistol and therefore section 307 of IPC is not made out. It is settled principle that while dealing with offence u/.s 307 of IPC injury does not matter what matters is the intention.

From the contents of FIR it can be gathered that all the accused persons formed unlawful assembly and in prosecution of their object have assaulted the informant and Akash Dange. As far as the issue of aggression is concerned, the spot is neither close to the house of the informant or the applicants. At this stage, it can not be commented upon as the incident has taken place on public place.

8.There is accusation against the applicants is well founded. From the contents of FIR it can gathered that there was use of pistol, iron road and wooden logs. These weapons/articles are to be recovered at the instance of the applicants. From the FIR as well as the case papers one can gather that there is need of custodial interrogation. As far as submissions of Mr. Pawar that both the parties are compromised as better sense prevailed upon them is concerned section 307 of IPC is non­compoundable and hence no weightage can be given to this submission of Mr. Pawar. Moreover, as far as contentions made in the bail application that applicant no. 2 is COVID positive is concerned, nothing in form of medical certificate or pathology report is placed on record to substantiate this fact. The applicants has not come before the court with clean hands. Hence, following order is passed.

ORDER

Application is rejected.

Vardhan Digitally signed by Vardhan Prataprao Prataprao Desai Desai Date: 2020.12.15 Nashik. ( V. P. Desai) 15:38:18 +0530 Date : 10.12.2020 Additional Sessions Judge, Nashik.