1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION BAIL BAIL BAIL APPLICATION APPLICATION APPLICATION NO.2790 OF 2007 NO.2790 OF 2007 NO.2790 OF 2007 Shri Shri Shri Bhajandas Tukaram Kadam Bhajandas Tukaram Kadam Bhajandas Tukaram Kadam ...... Applicant Applicant Applicant vs vs vs The The The State of Maharashtra .. State of Maharashtra .. State of Maharashtra .. Respondent Respondent Respondent Mr.P.B.Shah Mr.P.B.Shah Mr.P.B.Shah for Applicant for Applicant for Applicant Ms.S.D.Shinde Ms.S.D.Shinde Ms.S.D.Shinde A.P.P.for Respondent A.P.P.for Respondent A.P.P.for Respondent CORAM CORAM CORAM : : : V.C.DAGA, J V.C.DAGA, J V.C.DAGA, J DATED DATED DATED : : : 31ST AUGUST, 2007 31ST AUGUST, 2007 31ST AUGUST, 2007 P.C. P.C. P.C. 1.1.1. Heard learned counsel for the applicant and the Heard learned counsel for the applicant and the Heard learned counsel for the applicant and the learned learned learned A.P.P. A.P.P. A.P.P. 2.2.2. The applicant is seeking bail in connection The applicant is seeking bail in connection The applicant is seeking bail in connection with with with C.R.No.53 of 2007 registered under sections C.R.No.53 of 2007 registered under sections C.R.No.53 of 2007 registered under sections 307, 307, 307, 324, 323, 147, 148 r/w 149 of IPC and 324, 323, 147, 148 r/w 149 of IPC and 324, 323, 147, 148 r/w 149 of IPC and subsequently subsequently subsequently under under under section 302 IPC in view of death section 302 IPC in view of death section 302 IPC in view of death of of of the deceased Baban Salunkhe who died in the the deceased Baban Salunkhe who died in the the deceased Baban Salunkhe who died in the hospital hospital hospital after two days. after two days. after two days. 3.3.3. The prosecution case in nutshell is as under : The prosecution case in nutshell is as under : The prosecution case in nutshell is as under : On On On 15th July, 2007 complaint was lodged by Shri 15th July, 2007 complaint was lodged by Shri 15th July, 2007 complaint was lodged by Shri Ramchandra Ramchandra Ramchandra Sambhjaji Salunkhe alleging that on the Sambhjaji Salunkhe alleging that on the Sambhjaji Salunkhe alleging that on the said said said date at about 8.30 a.m. when he was date at about 8.30 a.m. when he was date at about 8.30 a.m. when he was proceeding proceeding proceeding on his bicycle towards his house he on his bicycle towards his house he on his bicycle towards his house he reached reached reached near near near Ujani main canal near the field of one Ujani main canal near the field of one Ujani main canal near the field of one Dnyandeo Dnyandeo Dnyandeo Shankar Kadam accused Tukaram Shankar Shankar Kadam accused Tukaram Shankar Shankar Kadam accused Tukaram Shankar Kadam Kadam Kadam and six others including the present and six others including the present and six others including the present applicant applicant applicant started abusing the complainant on started abusing the complainant on started abusing the complainant on account account account of dispute of taking water from the common of dispute of taking water from the common of dispute of taking water from the common 2 well. well. well. ItItIt is further alleged that the complainant was is further alleged that the complainant was is further alleged that the complainant was beaten beaten beaten by the accused persons and upon shouts of by the accused persons and upon shouts of by the accused persons and upon shouts of the the the complainant his familymembers came running to complainant his familymembers came running to complainant his familymembers came running to his his his rescue. However, they were also abused and rescue. However, they were also abused and rescue. However, they were also abused and assaulted assaulted assaulted by the accused persons. It is alleged by the accused persons. It is alleged by the accused persons. It is alleged that that that due to blow by stone given by the present due to blow by stone given by the present due to blow by stone given by the present applicant, applicant, applicant, Baban Dattu Salunkhe sustained serious Baban Dattu Salunkhe sustained serious Baban Dattu Salunkhe sustained serious injury injury injury and died while taking treatment. and died while taking treatment. and died while taking treatment. Accordingly, Accordingly, Accordingly, offence under section 302 of IPC came offence under section 302 of IPC came offence under section 302 of IPC came toto to be added. be added. be added. The The The applicant states that the charge sheet in applicant states that the charge sheet in applicant states that the charge sheet in the the the aforesaid aforesaid aforesaid C.R.No.53 of 2007 came to be filed by C.R.No.53 of 2007 came to be filed by C.R.No.53 of 2007 came to be filed by the the the respondents before the learned J.M.F.C. The respondents before the learned J.M.F.C. The respondents before the learned J.M.F.C. The applicant applicant applicant further states that he filed Criminal further states that he filed Criminal further states that he filed Criminal Misc.Application Misc.Application Misc.Application No.221 of 2007 before the learned No.221 of 2007 before the learned No.221 of 2007 before the learned Additional Additional Additional Sessions Judge, Pandharpur for seeking Sessions Judge, Pandharpur for seeking Sessions Judge, Pandharpur for seeking bail bail bail in the aforesaid C.R. The learned Judge by in the aforesaid C.R. The learned Judge by in the aforesaid C.R. The learned Judge by common common common order dated 4th August, 2007 was pleased to order dated 4th August, 2007 was pleased to order dated 4th August, 2007 was pleased to reject reject reject the aforesaid Criminal Misc.Application the aforesaid Criminal Misc.Application the aforesaid Criminal Misc.Application No.221 No.221 No.221 of 2007 filed by the present applicant. of 2007 filed by the present applicant. of 2007 filed by the present applicant. 4.4.4. Learned counsel for the applicant submits that Learned counsel for the applicant submits that Learned counsel for the applicant submits that atatat this stage taking the story narrated in the FIR this stage taking the story narrated in the FIR this stage taking the story narrated in the FIR on on on the face of it will not make out a case under the face of it will not make out a case under the face of it will not make out a case under section section section 302 IPC. At the most, it could be a case 302 IPC. At the most, it could be a case 302 IPC. At the most, it could be a case under under under section 304 part II of IPC. He thus section 304 part II of IPC. He thus section 304 part II of IPC. He thus submitted submitted submitted that the applicant would be entitled for that the applicant would be entitled for that the applicant would be entitled for bail. bail. bail. He placed reliance on the judgment of the He placed reliance on the judgment of the He placed reliance on the judgment of the learned learned learned Single Judge of this Court in Criminal Single Judge of this Court in Criminal Single Judge of this Court in Criminal 3 Application Application Application No.930/1999, 1998 (3) LJ 171) wherein No.930/1999, 1998 (3) LJ 171) wherein No.930/1999, 1998 (3) LJ 171) wherein inin in a identical facts the accused were enlarged on a identical facts the accused were enlarged on a identical facts the accused were enlarged on bail bail bail by the Apex Court. by the Apex Court. by the Apex Court. 5.5.5. In the circumstances of the case,following the In the circumstances of the case,following the In the circumstances of the case,following the law law law laid down by the Apex Court, I am inclined to laid down by the Apex Court, I am inclined to laid down by the Apex Court, I am inclined to grant grant grant bail to the applicant subject to the bail to the applicant subject to the bail to the applicant subject to the following following following conditions: conditions: conditions: (a) (a) (a) The applicant arrested in connection The applicant arrested in connection The applicant arrested in connection with with with C.R.No.53 of 2007 registered with C.R.No.53 of 2007 registered with C.R.No.53 of 2007 registered with Pandharpur Pandharpur Pandharpur Taluka police station shall be Taluka police station shall be Taluka police station shall be enlarged enlarged enlarged on bail in the sum of Rs.25,000/- on bail in the sum of Rs.25,000/- on bail in the sum of Rs.25,000/- with with with one or two local sureties to make up one or two local sureties to make up one or two local sureties to make up the the the said said said amount. amount. amount. (b) (b) (b) The applicant shall report to the The applicant shall report to the The applicant shall report to the Pandharpur Pandharpur Pandharpur Taluka police station once in a Taluka police station once in a Taluka police station once in a week week week i.e.on every Monday between 3.00 to i.e.on every Monday between 3.00 to i.e.on every Monday between 3.00 to 5.00 5.00 5.00 p.m. till conclusion of the trial. p.m. till conclusion of the trial. p.m. till conclusion of the trial. (c) (c) (c) The order of bail will be given effect The order of bail will be given effect The order of bail will be given effect only only only after the applicant furnishes to the after the applicant furnishes to the after the applicant furnishes to the investigating investigating investigating officer the details about his officer the details about his officer the details about his place place place of residence and address where he of residence and address where he of residence and address where he proposes proposes proposes to stay after he is enlarged on to stay after he is enlarged on to stay after he is enlarged on bail. bail. bail. The applicant will not change his The applicant will not change his The applicant will not change his residential residential residential address thereafter till the address thereafter till the address thereafter till the conclusion conclusion conclusion of trial without prior intimation of trial without prior intimation of trial without prior intimation toto to the investigating officer. the investigating officer. the investigating officer. (d) (d) (d) The applicant shall not directly or The applicant shall not directly or The applicant shall not directly or indirectly indirectly indirectly make any inducement or threat or make any inducement or threat or make any inducement or threat or pressurise pressurise pressurise any prosecution witnesses and any prosecution witnesses and any prosecution witnesses and shall shall shall not in any manner tamper with the not in any manner tamper with the not in any manner tamper with the prosecution prosecution prosecution evidence. evidence. evidence. (e) (e) (e) The applicant shall co-operate with the The applicant shall co-operate with the The applicant shall co-operate with the investigating investigating investigating agency for disposal of the agency for disposal of the agency for disposal of the case. case. case. It is needless to mention that breach It is needless to mention that breach It is needless to mention that breach of of of any of the conditions by the applicant any of the conditions by the applicant any of the conditions by the applicant shall shall shall result in cancellation of bail. result in cancellation of bail. result in cancellation of bail. (f) (f) (f) Any observations made in this order Any observations made in this order Any observations made in this order shall shall shall not be construed as finding or not be construed as finding or not be construed as finding or expression expression expression on merits of the case at the time on merits of the case at the time on merits of the case at the time of of of trial. trial. trial. 5.5.5. Application stands disposed of accordingly. Application stands disposed of accordingly. Application stands disposed of accordingly. JUDGE JUDGE JUDGE