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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 785 OF 2022

Jayesh Ashok Julve @ Juwale

..

Applicant

Versus

The State of Maharashtra

..

Respondent

…

Mr. Niranjan Mundargi with Keral Mehta i/b Vinesh Jain with

B.D. Shinde for the applicant.

Mr. S.H.Yadav, APP for the State.

PSI Shri Wadkar from Dombivli police station.

CORAM: BHARATI DANGRE, J.

DATED : 10^th AUGUST 2022

P.C:-

1

The applicant is charged for the offence punishable

u/s.302, 323, 324, 504, 141, 143, 147, 148, 149 of the IPC in

C.R.No.283/2020 registered on 18/9/2020. The applicant is

arraigned as Accused no.3 and he came to be arrested on

18/9/2020. On being charge-sheeted, he is waiting for the trial to

commence and it is stated that till date, no charge has not been

framed.

2

With the assistance of the learned counsel

Mr.Mundargi and the learned APP Mr.Yadav, I have perused the

material compiled in the charge-sheet.

Tilak

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The complainant is one Raju Dhotre, a driver by

occupation who reported to the police station on 18/9/2020,

narrating that on 17/9/2020 at around 4.00 p.m, he received a

call from his brother-in-law Santosh, inviting him for dinner. The

complainant accompanied, by his friend Shivaji Khandagale

reached the house of Santosh at 10.00 pm and after having

dinner, he was informed that five months back, one Aniket, his

cousin brother had met Santosh and disclosed to him that

Mahesh Gunjal had abused Raju i.e. the complainant. The

complainant expressed that he is not even acquainted to Mahesh

and thereafter, his telephone number was obtained from a

common friend and the complainant made a phone call to

Mahesh at 23.45 hours and questioned him as to why he had

abused him. At the other end, it is alleged that Mahesh once

again abused him and asked him to come in the lane of Pragati

College.

As a consequence, on 00.25 hours, the complainant

accompanied with Santosh and his friend Shivaji reached the

place suggested by Mahesh, to find that he was accompanied with

three to four friends. Santosh pointed out Mahesh Gunjal to the

complainant who was accompanied by his friends Nikhil, Jayesh

(applicant), Ashish and Appa. When Mahesh and his gang was

confronted, suddenly, they started mounting assault on his

brother-in-law Santosh as well as his friend Shivaji Khandagale.

Tilak

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3

As per the complainant’s version, Mahesh and Nikhil

were armed with iron rods and Jayesh (applicant) was holding a

stump. Ashish Walmiki was alleged to have a sword in his hand,

whereas Appa, i.e. close friend of Mahesh was holding the stump.

Referring to the act of assault, it is stated that all the

assailants attacked the three and Ashish is alleged to have

assaulted the complainant on his back by means of a sword,

whereas Mahesh and Nikhil started assaulting Shivaji by means of

iron rods, which they were holding and he was assaulted in his

head. Resultantly, he fell down and all the assailants fled from the

spot. The injured were taken to the hospital and the offence came

to be registered.

4

On the investigating machinery set into motion, the

injured were referred to the hospital and since Shivaji succumbed

to the injuries, autopsy was carried out. During the course of

investigation, statements of the eye witnesses are recorded, which

include the statement of Santosh, one of the injured.

5

Corroborating the narration of the events stated by

the complainant, Santosh also state that Mahesh and Nikhil

assaulted by means of iron rods and Jayesh and Appa, who were

carrying stumps, mounted an assault on th