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2020 Supreme(Bom) 1154

A.S.GADKARI
Yogesh Patil – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : N.N. Gavankar, Manas Gavankar and Shreyas Gavankar i/b Samay Pawar
For the Respondent: S.V. Gavand, A.P.P.

JUDGMENT :

A.S. Gadkari, J.

1. This is an application for pre-arrest bail in C.R. No. 0026 of 2020, dated 06.02.2020, under Section 302 read with 34 of the Indian Penal Code registered with Sawantwadi Police Station, District Sindhudurg.

2. Heard Mr. N.N. Gavankar, learned counsel for the applicants and Mr. S.V. Gavand, learned A.P.P. for the respondent-State through Video Conferencing.

3. The First Information Report is lodged on behalf of the State by Shri. Sunil Kisan Dhanavade, Police Inspector attached to Sawantwadi Police Station on 06.02.2020.

The applicant No. 1 was the Superintendent of District Prison Class-II, Sawantwadi and the applicant No. 2 was the Subedar of the said Prison, on the date of lodgement of the present crime.

It is the prosecution case that, on 20.12.2019 the applicant No. 2 Zilba Pandharmise lodged an accidental death report of prisoner Rajesh Shridhar Gaonkar. The said report was registered as A.D.R. No. 74 of 2019 under Section 174 of the Criminal Procedure Code by the concerned Police. The informant thereafter undertook investigation of the said accidental death report.

In his A.D.R. No. 74 of 2019, the applicant No. 2 has stated that, Shridhar Gaonkar (de

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