1 Crim. Appln. No.19/09

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IN THE HIGH COURT OF JUDICATURE AT MUMBAI

APPELLATE CRIMINAL JURISDICTION

CRIMINAL APPLICATION NO.19 OF 2009

Ramdas Sakharam Pawar

)

Age @ 38 years, Indian Inhabitant

)

Residing at Pawar Section, Chikroli,

)

Ambernath, District Thane

)..Applicant

Versus

1. The State of Maharashtra

)

through the Public Prosecutor,

)

High Court, (A.S.) Mumbai

)

2.Shri Raju Vishnu Patil

)

Age @ 37 years, Indian Inhabitant

)

Residing at Barku Pada, Shiv Mandir Road )

Ambernath District Thane

)..Respondents

Shri A.P.Mundargi, Senior Counsel i/b Shri J.M.Puranik for the

Applicant

Smt R.V.Newton APP for Respondent No.1

Shri Shirish Gupte, Senior Counsel a/w Shri Prakash Naik i/b Shri

Subodh Desai for Respondent No.2

CORAM : J.H. BHATIA, J.

DATED : 14th February, 2011

ORAL JUDGMENT

1

Heard the Learned Counsel for the parties. The Learned

APP supports the Application for cancellation of bail.

2

This Application is filed by the First informant and cousin

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of the deceased Santosh Pawar for cancellation of bail granted to

Respondent No.2-Raju Patil, who is Accused No.2 in Crime No.50 of

2007 registered at Kulgaon police station under Sections 302, 307, 324,

147, 148, 120(B) of the Indian Penal Code, 427 and Section 4, 27(B) of

the Arms Act.

3

According to the Applicant, on 30-10-2007 one Bandu

Chairate of Talegaon called deceased Santosh Pawar to see particular

piece of land. Accordingly on that day after 3.00 p.m. the Applicant-

Ramdas Pawar, his cousin Santosh Pawar and Dattatray Pawar went to

Badlapur and met one Bhalchandra Bangur. Said Bhalchandra Bangur

asked the first informant and others to go to Boradpada, where his

brother was present to show the land. Accordingly they left Badalapur to

go to Boradpada. On the way near the Badlapur Railway Station, Bandu

Chairate also joined them and they all proceeded towards Boradpada by

a car. At Boradpada, Bandu Chairate left their company saying that he

was busy somewhere else. At about 5.15 p.m. these persons were at the

distance of 1 ½ km from Sabarigaon. At that place one silver colour Tata

Sumo MH-05-G-1915 came there and gave a dash to the side of the car

of the first informant. From that Tata Sumo car, Accused No.1 Balaram

Patil came down and began to assault Santosh Pawar, who was on

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steering of his car and also dragged him out of car and assaulted on his

neck and abdomen with knief. When Ramdas tried to rescue he was also

assaulted by a companion of Balaram Patil with some weapons, due to

which first informant Ramdas collapsed on the ground. He had seen

Accused No.2 Raju also coming out from the said car and rushing

towards him. Santosh Pawar died on the spot because of several injuries.

First informant Ramdas was taken to hospital where his statement was

recorded. In the FIR, he had specifically stated that Accused No.1

Balaram Patil, Accused No.2 Raju Patil, Accused No.3 Bandu Chairate

and 5 or 6 other persons got down from the car and as per pre-plan they

had killed Santosh Pawar and injured his companions. The statement of

Dattatray Pawar was also recorded by police on 1-11-2007. He gave the

above details and also stated that he himself also was beaten and injured.

He has specifically stated that in the said incident Accused No.2 Raju

Patil had stabbed on the abdomen and caused injury on neck of Santosh

Pawar with a Gupti. During the investigation Accused No.1 Balaram

Patil and Accused No.2 Raju Patil, Accused No.3 Bandu Chairate and

some other Accused were arrested. Postmortem report of the deceased

Santosh Pawar reveals that Santosh Pawar had suffered as many as 13

injuries, out of which 9 injuries were deep penetrating or stab wounds on

4 Crim. Appln. No.19/09

different parts of bo