1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3709/2011 Laxman Suryabhan Shelke. Applicant. V E R S U S The State of Maharashtra. Respondent. WITH CRIMINAL APPLICATION NO.3854/2011 Ganya @ Ganesh Tukaram Rayte Applicant. V E R S U S The State of Maharashtra. Respondent. Mr. Niteen V. Gaware, Advocate for applicant. Mrs.R.K.Ladda, A.P.P. for respondent .... CORAM : SHRIHARI P. DAVARE,J. DATE : 21st SEPTEMBER, 2011. PER COURT : 1. Heard learned respective counsel for the parties. 2 2. Both the applicants in the aforesaid applications have filed present applications seeking regular bail, in connection with Crime No.I-125/2011, registered with Tophkhana Police Station, Ahmednagar for the offence punishable under sections 302, 201 r/w 34 of Indian Penal Code. 3. It appears that offence has been registered on the basis of the complaint lodged by one Dinesh Alkute, on 30.3.2011, in respect of the occurrence of the incident, on the same day. Said statement discloses that the victim Raju Suresh Dinde was assaulted by fist blows, leg kicks and even the complainant himself assaulted him by giving 4-5 blows of knife and when he fell on the ground in wounded condition, Kaka Shelke lifted a stone and threw on the head of the victim and thereby movement of his body were stopped and he expired on the spot. 4. The contents of said statement explicitly makes clear that role ascribed to the applicant Laxman Suryabhan 3 Shelke in criminal application No.3709/2011, during the occurrence of the incident is that he caught hold to the victim Raju Dinde and assaulted him by leg kicks and fist blows and not beyond that. Moreover, statements of other witnesses namely Avinash Dinde, who is brother of the victim, as well as statement of Suresh Vasantrao Dinde, who is father of victim Raju Dinde, are in tune with the statement of complainant namely Dinesh Alkute. Besides statement of Nishant @ Sonu Dhone, who is eye witness to the occurrence of the incident discloses that said applicant Laxman lifted a stone and threw towards the victim. 5. Admittedly, role ascribed to the co-accused Parshuram Shelke and role ascribed to the applicant herein i.e. Laxman is almost similar in the occurrence of the incident, except mere allegation against the applicant Laxman that he also assaulted by fist blows and leg kicks to the victim. Said co-accused Parshuram has been granted bail by this Court by order passed on 18th August, 2011 and principle 4 of parity requires that applicant Laxman also be released on bail. 6. Apart from that, learned Advocate for the applicant also submitted that statement of the complainant Dinesh Alkute, on which First Information Report has been lodged, is nothing but short of confession and admission given by the said person would be limited to his extent and same shall not be used against the applicant herein, since said statement itself indicates the guilt of the maker thereof. To substantiate said contention, learned counsel for the applicant relied upon judicial pronouncement in the case of Central Bureau of Investigation Vs/ V.C.Shukla and others reported at 1998 DGLS (Cri.) Soft 674 equivalent 1998 Cr.R.O. 383. Apparently, there is substance in the submission made by the learned counsel for the applicant. 7. Having comprehensive view of the matter, it appears that role ascribed to the applicant Laxman, in the occurrence of the incident is that he caught hold of the victim 5 Raju Suresh Dinde when the other co-accused assaulted him, and also applicant assaulted said victim by leg kicks fist blows and assaulted him by stone as stated by witness Nishant Dhone, but apparently, he has not used any weapon, during the occurrence of the incident. Postmortem notes discloses cause of death of the victim ‘hemorrhagic shock due to politrauma due to stab injuries’ and apparently, there does not appear to be nexus between said cause of death and assault by the applicant to the victim and hence said applicant Laxman deserves to be enlarged on bail, but on certain conditions. 8. As regards applicant Ganya @ Ganesh Tukaram Rayte in Criminal Application No.3854/2011, apparently, his name has not been reflected in the contents of the complaint and no role has been attributed to him in the occurrence of the incident in the First Information Report. Name of the said applicant Ganya @ Ganesh was surfaced in the statement of eye witness Nishant @ Sonu Dhone and Ravindra Rajendra 6 Raut that when India won the match, the persons gathered for watching the match in temple gave slogans and fired the crackers. At that time a cracker was fired in the temple and Pappu Shelke felt that, applicant Ganya fired the cracker in the temple and thereupon quarrel took place between the applicant Ganya-chahavala and thereafter applicant Ganesh @ Ganya Chahavala left the said place. 9. Learned APP pointed out that statement of Amol Bagade discloses that applicant Ganya @ Ganesh and Shanya and other co-accused assaulted victim by leg kicks and fist blows. Hence, considering the statements of said witnesses Nishant @ Sonu Dhone and Ravindra Raut and even considering the statement of Amol Bagade, role attributed to the said applicant Ganya @ Ganesh in the occurrence of the incident, appears to be minor and comparatively of lesser degree. Moreover, nothing was recovered from the applicant or at his instance during the occurrence of the incident, as mentioned herein above. Hence, said applicant Ganya @ 7 Ganesh also deserves to be enlarged on bail. 10. Having comprehensive view of the matter and considering the position that investigation has been completed and charge sheet has been filed, there is no propriety in keeping the aforesaid applicants in custody, further more and therefore, they deserve to be enlarged on bail, but on certain conditions. :- 11. In the result, Criminal application No.3709/2011 and Criminal Application No.3854/2011 are allowed and it is directed that applicant Laxman Suryabhan Shelke in Criminal application No.3709/2011 and applicant Ganya @ Ganesh Tukaram Rayte in criminal application No.3854/2011 be released on bail, in connection with Crime No.I-125/2011 registered with Tofkhana Police Station, Ahmednagar, on their furnishing P.R. Bond in the sum of Rs.15,000/- (Rs. Fifteen thousand) each, with one surety in the like amount, by each of them, on the following conditions:- 8 i] The applicants in both the applications shall not influence upon the witnesses and/or tamper with the evidence, in any manner, what so ever, directly or indirectly. ii] The applicant Laxman Suryabhan Shelke in criminal application No.3709/2011, shall reside outside city of Ahmednagar, till the conclusion of the trial, except for attending the trial, and shall inform his changed address to the concerned Investigator forthwith. iii] The applicant Laxman Suryabhan Shelke shall report to in-charge of nearest Police station, where he shall reside, once in a MONTH i.e. on every first MONDAY of each months, till disposal of trial. 12. Accordingly, both the aforesaid applications stand disposed of accordingly. 13. The observations are primafacie in nature, same may not be used in any other matter, being decided on merits. [ SHRIHARI P. DAVARE ] JUDGE aaa/- ***