IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

922 ANTICIPATORY BAIL APPLICATION NO.217 OF 2022

NITIN RAMCHANDRA DEORE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

...

Mr. K.C. Sant, Advocate for the applicant

Mrs. V.N. Patil-Jadhav, APP for respondent Nos.1 and 2

...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE:

15^th MARCH, 2022

ORDER :

1

The applicant is apprehending his arrest in connection with

Crime No.32/2022 dated 20.01.2022 registered with Sakri Police Station,

Dist. Dhule, for the offence punishable under Section 302, 143, 147, 323,

504 of the Indian Penal Code, 1860 and under Section 37(1)(c) of the

Maharashtra Police Act, 1951. It will not be out of place to mention here that

this Court had granted interim protection to the applicant by a detailed order

on 25.02.2022.

2

Heard learned Advocate Mr. K.C. Sant for the applicant and

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learned APP Mrs. V.N. Patil-Jadhav for respondent Nos.1 and 2. In order to

cut short, it can be said that they have argued in support of their respective

contentions.

3

Perusal of the First Information Report lodged by one Maya

Shivaji Pawar would show that deceased was her cousin sister. Informant

states that there was counting of voting for the Sakri Nagar Panchayat on

19.01.2022. Her mother was contesting the election from Ward No.11 and

lost it. Around 6.00 p.m. when the informant was returning home, her

mother called her and disclosed that the informant’s brother Gotu @

Ravindra is being assaulted at Pimpalner road and she should reach the spot.

Informant along with cousin sister Mohini Nitin Jadhav, informant’s son, one

Deo Babar and the informant went to the spot. They found that one Manish

Gite, Ramesh Sarak, Utpal Nandre and other 5-6 persons were assaulting

Gotu. They were teasing him for the defeat. Informant and her son as well

as other along with her were requesting those persons, who were assaulting

the brother, that they should not assault, but those persons started assaulting

the informant and other persons. Cousin sister Mohini was assaulted on her

stomach, head and back by kicks and fist blows. She fell down on the ground

and then those persons fled away from the spot. The cousin sister had

became unconscious and, therefore, she was taken to Rural Hospital, Sakri in

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a rickshaw, but Doctor declared her dead after examining her. Then, the

informant has lodged the report. Important point to be noted is that the

name of the present applicant is not appearing in the First Information

Report. The police papers show the Postmortem Report of Mohini. Two

injuries have been noted in the column No.17 i.e. external injuries; one is

Abrasion over upper third of anterior aspect of left leg and second is

Contusion (confirmed on cut section) present over middle third of back of left

thigh. There was no other injury discovered on external examination, so

also, no injuries have been noted in the internal examination. The probable

cause of death has been stated as - “Opinion reserved, till reports of chemical

analysis and histopathological examination become available”. Under such

circumstance, it is to be noted that it is yet to be decided whether the death is

homicidal or not. Whether it would attract Section 302 of the Indian Penal

Code, is a question. Injury certificate of others appear to be stating that they

had received simple injuries. Statements of witnesses have been recorded

which are almost of the similar line of First Information Report. Statement of

the informant has been recorded under Section 164 of the Code of Criminal

Procedure. She has stated that her cousin sister was assaulted on her chest

and private part. However, she has not stated who had given those injuries.

Gotu’s statement under Section 164 of the Code of Criminal Procedure has

also recorded, who has stated about the presence of the present applicant but

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no specific role is attributed to him. Therefore, taking into conside